My brother and his wife were legally separated on 10/10/06 (it states that in their divorce paperwork) they filed a petition for divorce on 10/31/06... my brother, who's in the army, was shipped out to iraq before the divorce was finalized and he was killed in action. My question is... if they were legally separated a year ago, and were in a pending divorce, doesn't that disqualify her as an elligible spouse when it comes to recieving military benefits, or his death gratuity?
2007-08-31 08:55:29 · 2 answers · asked by lv82 3 in Politics & Government ➔ Law & Ethics
Actually, the "legal separation" separates their property and any bills that are accured after the separation date are the independant parties responsibility... that's the whole point behind a legal separation. My question.. is if it disqualifies her from receiving his death benefits... is she considered an eligible spouse or not..?
2007-08-31 09:36:33 · update #1
I think she would be eligible for the spousal benefits since they were not yet divorced. I am sorry for the loss of your brother.
2007-08-31 09:00:13 · answer #1 · answered by Me 6 · 0⤊ 0⤋
They are married until they are divorced. Plain and simple. If the wife would have died, he would still be responsible for any of her bills.
2007-08-31 09:23:45 · answer #2 · answered by sensible_man 7 · 0⤊ 0⤋