I was married to military service man for 19years and 9 month, yes I'm getting 33% of his retirement pension now. But it will be cancel if my ex or I died or I remarried to someone... Other benefit, like a health care or commissary privilege were l did wave it not to have it, because I had my health insurance from my work....So when you divorced your ex should written in your divorce papers... It has been 20 years ago my case.... Well maybe not same as mine.....
Under the Uniformed Services Former Spouses Protection Act (USFSPA), enacted in 1982, a state court is permitted to award a percentage of the service member's pension to the former spouse. If they had been married for at least 10 years, then the former spouse may also apply to the federal government to receive the payments directly from the Defense Finance and Accounting Service. By the way, remarriage of the former spouse does not affect the payments.
For instance, if the marriage was annulled, she may be eligible.
If the separation or divorce was due to excessive abuse or alcoholism there is also a possibility.
These instances are extremely rare overall and virtually non-existent in the cohort we are dealing with here (especially in attempting to establish circumstances other than annulment).
But you are right, absolutes are nasty things and perhaps should not be used unless they are going in a glass with an olive!
Try this website. http://www.vba.va.gov/VBA/ My neighbor was disallowed because of divorce. There may have been other circumstances involved. Contacting the VA with the website provided will get you the info you need.
I agree with Carol check with VA. I was told when I got a divorce many years ago that I wouldn't be entitiled to anything as they talked me into taking a lump sum settlement. I am fortunate as when I remarried my husband was in the military. It is hard sometimes to deal with VA but just keep pushing until you get answers. They're not the easiest to work with.
You'd have to check with the VA. If they were married for more than ten years and she hasn't remarried, she would likely get some of his Social Security, but the Veteran's benefits may differ. Don't give up on the idea until you've checked at the source. You also may want to ask an elder attorney for help. Carol
If they had been married for at least 10 years, then the former spouse may also apply to the federal government to receive the payments directly from the Defense Finance and Accounting Service. By the way, remarriage of the former spouse does not affect the payments.
https://www.agingcare.com/Answers/If-my-mother-is-caring-for-my-father-and-they-are-divorced-is-she-still-eligible-for-compensation-137581.htm
Then they wouldn't be divorced, would they?
You are correct in that there may be exceptions.
For instance, if the marriage was annulled, she may be eligible.
If the separation or divorce was due to excessive abuse or alcoholism there is also a possibility.
These instances are extremely rare overall and virtually non-existent in the cohort we are dealing with here (especially in attempting to establish circumstances other than annulment).
But you are right, absolutes are nasty things and perhaps should not be used unless they are going in a glass with an olive!
Good Luck and God Bless
Patricia
Carol