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My husband is retired 24 years from the Military. Sadly we…

Customer Question
My husband is retired...

My husband is retired 24 years from the Military. Sadly we are filing for divorce. I the spouse was short 4months for health benefits. Am I entitled to 50% of his military retirements pay?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I did last may when this all started. I went on base. The young man told me I was and that to also ask to reinstate survival benifits, can I do this

Submitted: 3 months ago.Category: Military Law
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Answered in 1 minute by:
3/20/2018
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,322
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

That depends...can you provide some more context?

I understand he served 24 years...was this active duty or as a reservist?

HOw many of the service years were you married to him?

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Customer reply replied 3 months ago
Active Duty
I was married to him in 1993 and he joined in 1987
Customer reply replied 3 months ago
married to him for 18 years whist he was active duty
Customer reply replied 3 months ago
are you there?
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

I am

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Have not heard from you...are you able to speak on the phone?

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Also, what state are you divorcing in?

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

OK...I have to step away for a bit...if you can let me know what state you are divorcing in I can provide an answer when I return

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P. Simmons
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P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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