can I collect half of my ex husband'sMilitary retirement pay ?

Question

Yes ,, My ex husband was career Military , he was in the Navy like 22 years,, we were married for thirteen years,,And he would go off say to another Militarty installme4nt,, and never send any money for support for me or our three children,,So spent many, many years with him when he was a total jerk,, finallly got smart and divorced him,, Children are grown now,,,, but met a retired airforce man,, and he asked if I ever remarried,,, and I told him no,,, He told me I was entitled to draw 50 % of ex's Military retirement,, as long as I never remarried ,,, Is this true??? He is remarried but him and current wife never had children together,,, thank you very much for any help in answering this for me,,, it is deeply appreciated..

Answer 1

I apologize for most of the answers you are receiving, God if you think they are bad come and look at their questions. Misspelled words, forgot to proof read their statement and you cannot figure out what they are asking and my personal favorites the questions. Let’s drop the A-bomb, show them who is boss or we are number one, and can beat any country. Yes, depending on how long you were married when he was on active duty you will be entitled to a percentage of his retirement. Regardless of the smart mouth who said, "well did you fight for this country? if no, then you aren't entitle to anything". Since I know, she has not fought for anyone or anything she does not deserve free speech or any benefits. Therefore, I will be sending her a bill for my having my butt shot off on her behalf. You do not contact the VA for everything but just who is going to be questionable (it should have been addressed at the divorce proceedings). My wife gets $ 450 for following her ex for 12 years. Not nearly enough for putting up with his s***! If you can afford an attorney, I would suggest a specialist in military divorces, try a battered wife shelter and see whom they can recommend. Oh, I know write your Congressperson and see what agency they recommend. I apologize for what you have been through in your case the country should share part of the blame. By the time, they have molded a service person in what they want no matter what your hands are going to be full. What is that old saying? "If the Army wanted you to have a wife they would have issued you one". Best of luck to you and the children. God Bless you and the Southern People.

Answer 2

Try calling this toll free number 1-800-321-1080. It is the Defense Finance & Accounting Services, Directorate for Retired Pay in Cleveland, Ohio and just ask them for yourself. I know a divorce will bar you from any VA benefits, but I am not so sure about the retirement benefits. I think if you were married to him over 10 years and had children with him, you may be entitled to some, but I am not sure. Just call that number and maybe they can direct you in the right direction. Good Luck.

PS What's up with ShadyWhite's answer!! A little weird!!

Answer 3

i would recommend getting an attorney - now. call your local bar association and find one who either was military or specializes as YES YOU ARE ENTITLED. a friend married 17 years is getting 60%. my percentages next might be a little off but.... it's a matter of how long ya'll were together AND if you married prior or post. in the US military the spouse if just as important as the active duty person. you also should have been getting money until your children are 18. they can't force support after that so..... oh also - it doesn't matter who did the divorcing or who was at fault - a friend divorced his whife who cheated on him twice and she still got 1/2!

Answer 4

I do not know the laws, and I do not think most people on here would, If you really believe you are entitled to it, then I would ask a lawyer, or call the military benefits dept... or ask you air-force man who you would contact to find out for sure - he should have some idea.. but if it's that important to you ... I would do that rather than listen to people on here, that are only going to give you their opinion

Answer 5

You might be because the military was his job, so to speak, while you were married and that pension should have been treated like any other pension. You'd have to check into your divorce decree and see if it's mentioned at all and call the VA and find out your rights for sure.

You might also be able to sue for back child support even though your kids are grown if it was specified in the decree that he pay child support.

Good luck.

Answer 6

Call legal assistance on the nearest post of the same branch. Navy. You are entitled to part of his retirement (the percent varies) if you were married to him for 10 years or more while he was on active duty. Like I said, call and ask. I gave you an Army answer. Navy is the same I think.

Answer 7

He was in the service for 22 and you were only married for 13. So (I believe) you are not qualified to collect 50%...but may be for half of whatever he would have received after 13 years.
Check it out with Legal Aide in your area.

Answer 8

I know there is something like if you married a surden number of years......but i`m not sure after u already been divorced if you still can claim that its also a factor if you have been a housewife all those 13 years.etc.
Best thing is to call a lawyer and see what your options are.

Answer 9

Should have been part of the divorce settlement. The part under alimony.

If your divorce was not a long time ago, contact your attorney and see if he can have the decree modified.

Answer 10

You missed the boat on this one. It had to be settled during the divorce, you are entitled to 50%, but I don't believe you can get it now, since you did not asked for it during financial settlement. You must have had one crummy lawyer.