My father-in-law is a veteran and gets $2,100 a month, does my mother-in-law, who divorced him, also qualify? - AgingCare.com

My father-in-law is a veteran and gets $2,100 a month, does my mother-in-law, who divorced him, also qualify?

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He gets it for an assisted living home. My mother-in-law is divorced from my father-in-law a Korean War VET.

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The amount being paid to him sounds like the benefit for a married couple. A portion of it may actually be earmarked for her.
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Is the $2100 retirement pay or a disability benefit? If they were married 10 years or more while he was in service, she may be entitled to a portion of retirement pay, depending on the time they were married when he was in service. I don't know about disability. She is entitled to half of his SS, and he is entitled to half of hers, if they were married 10 years or more. If he dies, the only way she could receive any retirement pay is if he chose a survivor benefit. I doubt that he did that unless it was ordered in the divorce settlement. It would have reduced his check each month. The division of retirement pay should have been spelled out in the divorce papers. If it wasn't, there may not be much she can do without taking it back to court.
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I just came back from a Social Security lecture. If she never remarried and he dies then she can apply for part of his benefits. Depends on her and his ages. She can ask her tax accountant. Veterens benefits may be a different story
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i don't think its 10 years.... its ten years to collect SOCIAL Security... but not military retirement pay.. sbp is not a ten year marriage plan as i see it !!
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Retirement:
A divorced spouse might be entitled to part of his former spouse's military retirement pay, depending on what state he divorced in and his spouse's residency at the time. Federal law allows states to decide whether disposable retirement pay -- retirement money left over after deductions and disability pay -- is subject to the marital property division in divorce. However, the divorced spouse must have been married to the retired service member for at least 10 years, and for at least 10 years of the service time the military spouse used to qualify for her retirement benefits.
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Jim, scroll to the bottom of this page to the blue section. On your right you will see VETERANS BENEFITS, click on that.... scroll through the articles to see if one of the articles have the information you need, or how to find said information.

I think in divorce cases, the couple needed to have been married for a certain number of years.
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