Why is it that because I am the second wife of an ex-serviceman, I am not entitled to receive a pension when he dies. If I had been his first wife however, this would not be the case and I would receive upon his death a proportion of his pension. Surely, this is unfair, particularly when you consider the number of people who, for whatever reason now divorce and re-marry. Does anyone know if this has been challenged in the courts?
2007-03-30 04:22:38 · 4 answers · asked by MrandMrs 2 in Politics & Government ➔ Military
I think you are wrong, a second wife is entitled to a pension providing the serviceman had not retired before the second marriage took place. I could be wrong as I am not in the Military but someone should be able to tell you the facts.
The first wife may also have a claim though for amount of time they were together.
2007-03-30 05:42:57 · answer #1 · answered by Knownow't 7 · 2⤊ 0⤋
The first wife has to be married to him for a certain number of years (10 maybe?) WHILE he is in the service. The thought is that she sacrificed a lot during his time in service as well, and deserves some sort of compensation for it. If she gets remarried, she forfeits any claim to his retirement money.
I know most servicemembers hate this law, but I can see why it is there. Many wives (especially of enlisted members) stay at home as housewives and stay at home moms for the duration of their husband's military career. They sacrifice a lot and usually live at a lower standard of living than they would have had if they'd married a civilian. The pension is meant to recognize them and help them out financially, as they may not have their own pension. I don't expect a handout from the government if I divorce my husband, but I will assert that I work really hard as well.
I do think it sucks that you won't get anything while his ex-wife would continue to get paid. I'm sure the law has been challenged in the courts, but obviously not successfully yet.
2007-03-30 05:44:40 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Your information is incorrect.
When a service member retirees, they are enrolled in Survivor Benefit Plan (SBP), this plan is an insurance annuity that will pay a max of 55% of the service members retirement pay to a surviving spouse.
Spouses divorced from retired servicemen, who have been married for at least 10 years ( while the service member was on active duty for those 10 years) , can have a court treat the retirement pay as property in the divorce decree.
Eligibility for the SBP insurance annuity automatically goes to the current spouse upon the death of a retired service member.
IE: the service member was divorced and paying part of his retirement as alimony, when he dies, the alimony stops and the current spouse receives the insurance annuity from the SBP program.
For more information about survivor benefits and the sbp, I have provided links.
Most members don't realise that a service members retirement pay is reduced to fund the SBP annunity.
Or that if the service member elects to NOT participate in the SBP program, upon his death, his spouse will NOT receive any retirement benefits.
2007-03-30 06:59:18 · answer #3 · answered by jeeper_peeper321 7 · 1⤊ 2⤋
I don't know if this has been challenged, but the first wife, has to have been married for three or more years to be eligible.
2007-03-30 04:27:23 · answer #4 · answered by Beau R 7 · 2⤊ 0⤋