Military Divorce-100% disability after 25 years of marriage-I'm entitled to nothing-no kids.I am divorce and my husband said If I leave him-he will change his military benefits to disability and I will be entiltle to nothing after 25yrs of marriage and 16 years of his military service. He is no longer in the military but he is now 100% disable-A jet engine fell on his back when he was attactive in the military (Air Force) and he has many back problems because of it. I have a divorce decree that has a lot of things in it but it does not mean a thing. The laywer said that I will stil be entitle to spousal benefits but I don't believe her because I have friends who have divorce after 20 years of being married and the military and they have paper work to prove what they are entitled to by the military and I have nothing at all? So after 25 years of marriage to a military man I don't even get health care-nothing is this correct? I've been divorce for a year now. Attorney answers (3)
You need to go talk to the lawyer that handled your divorce, or you need to contact a new attorney for a second opinion. Be sure and take the Final Divorce Decree with you when you see the new attorney so they will be able to understand exactly what was awarded in the Decree.
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I realize this is an older question, but wanted to chime in in case you are still seeking answers or in case someone else has the same question. A former spouses's elibility or entitlement to military benefits depends on the length of the marriage and the number of years that the marriage overlapped the former spouse's service in military. It is a separate issue from the divison of retirement pay.
From the website http://www.military.com/benefits/legal-matters/...: "The USFSPA [Uniformed Services Former Spouse Protection Act] also permits former spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain cases. In order to qualify for continued benefits a former spouse must show that the service member served at least 20 years of creditable service, that the marriage lasted at least 20 years and that the period of the marriage overlapped the period of service by at least 20 years. A former spouse who meets these requirements is known as a 20/20/20 former spouse and is entitled to full commissary, exchange and health care benefits. These benefits include TRICARE and inpatient and out-patient care at a military treatment facility. Former spouses who do not meet these requirements lose their commissary and exchange privileges once the divorce is final. In cases where the servicemember served 20 years of creditable service, the marriage lasted 20 years, but the period of the marriage overlapped the period of service by only 15 years the former spouse is entitled to full military medical benefits only for a transitional period of one year following the divorce. After this year of coverage, the spouse may purchase a DOD-negotiated conversion health policy. Full coverage also requires that the former spouse does not remarry nor enroll in an employer-sponsored health insurance plan. Former spouses who are neither 20/20/20 nor 20/20/15 former spouses are not entitled to any military health benefits after a divorce. But they are eligible for the DOD Continued Health Care Benefit Program, a premium based temporary health care coverage program for 36 months of coverage until alternative coverage can be obtained, if they enroll within 60 days of losing full military health care benefits." If you believe you meet the 20/20/20 requirement, you should contact an ID card section of a nearby military installation and find out what you will need to get enrolled in DEERS. DEERS enrollement is what is required to get an ID card and get benefits. If you are unsure whether you meet this requirement, or whether you should have had care for a year under the 20/20/15 rule, then you should contact your divorce attorney or another attorney for assistance. I know several attorneys in San Antonio who do this kind of work (I don't myself) and can put you in touch with them if you contact me directly. 1 person marked this answer as good
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