I am pretty sure that my ex got a medical retirement from the Air Force. I am entitled to up to 50% of his retirement. What steps do I need to take to get this money? Thank you.
2006-12-05 13:11:07 · 8 answers · asked by ~j~ 2 in Politics & Government ➔ Military
I don't know if the Uniformed Services Former Spouse Protection Act applies to medical retirement pay. The USFSPA states that you must have been married to him at least 10 years and he must have had active service of at least 10 years.
But unless the 50% of his retirement pay was specifically granted to you in your final divorce decree, you won't get anything even if all of the above conditions are met.
2006-12-05 13:20:33 · answer #1 · answered by Anonymous · 3⤊ 0⤋
you are only entitled to what is his base retirement based on how many years you where married to him, 10 years is the base line for that and he needed to be serving the whole 10 years and married. After that it works like a scale.... each year adding up to 50% at the normal retirement years of 20 years. My ex only got 37% for the time she spent with me even thought i retired at 20 years. Any benefits that are from disability are not part of the retirement and can not be divided as such. The retirement is considered an assist and can be divided. The medical is part of a disability and only awarded to the service person. She is not entitled to any of my VA benefits or my military disability only what is my base retirement.
2006-12-05 21:30:19 · answer #2 · answered by Elvis 2 · 1⤊ 0⤋
Well it depends on if you have remarried. OK with that outta the way, you need to see a JAG officer. Find out exactly what the regulations are regarding your particular situation. If you can not get a hold of A military JAG officer, there are military savvy lawyers on the outside. This may require some digging. Once all of that is done get all supporting documents and write a letter to your congressman stating the facts and entitlements. This should get you in the right direction.
2006-12-05 23:21:26 · answer #3 · answered by sea_of_fire_and_dreams 2 · 0⤊ 0⤋
No I don't believe you are. If retired after twenty years then you'd be entitled, however if your husband had to be medically separated and is recieving a VA disability check (not retirement check), then the money is all his.
2006-12-05 21:15:53 · answer #4 · answered by Roderick F 5 · 3⤊ 0⤋
Isn't it stated in the court papers you received when when you obtained your divorce? Certainly your attorney filed all the proper papers to ensure you get what you deserve?
Even if he wasn't retired at the time of your divorce a competent attorney would have taken care of that or you. It sounds like you're going to have to hire an attorney and start filing petitions or discovery and the like. Be prepared to go to court. It's not going to happen over night if it happens at all. Once a divorce is granted....
2006-12-05 21:22:22 · answer #5 · answered by iraq51 7 · 2⤊ 0⤋
I think the other guy is right. I think you only get it after a 20+ year retirement.
2006-12-05 21:17:35 · answer #6 · answered by usmcspouse 4 · 1⤊ 0⤋
Its stated in your divorce decree,
Thats why i got out after 10 years because in Texas, My ex was supposed to get half of my pension, so I'd be d***** if I was going to let her gt half after she had an adulterous affair, So I canned her behind, And got out, Now she's on skid row eating baloney and ramen noodles. You sound greedy and up to no good so I hope you get NOTHING! Work for a living and get your own benefits!
2006-12-06 01:38:03 · answer #7 · answered by cruizer 2 · 1⤊ 2⤋
it doesnt matter what you are entitled to. say he was eligible for the money, but didnt get it, there is no way for you to get it, and no way for you to force him to get it. that being said, if he did get it, all you have to do is prove it.
2006-12-06 00:38:39 · answer #8 · answered by ffemt1280 3 · 0⤊ 0⤋