Military Divorce / Former Spouse Protection Act questions ?

R

Rane

Lookin for Margaritaville
Hi everyone,

I hesitated to post this here but would really like to hear other womens' experiences and advice if you may have been in a similar situation and are willing to share with me. My husband and I have married for 32 years, but have been separated for about 8 years, He retired after 20 years in the Navy a few years before we separated. We have lived apart since the separation. Our only child is grown so there would be no child support involved. I have put off filing for divorce for years now, I really cannot afford legal fees, etc... esp since I went thru breast cancer treatment 4 years ago. I have gone to the legal office on base but they are not much help in giving me more specific info. I need more specifics, details on what I need to do. I have worked full time since we moved to Maryland in 2002 but do not make a lot of money. I pretty much live paycheck to paycheck, I cannot afford to pay a lawyer a retainer or any legal fees to file for divorce, but I really feel that I should file now and use the Former Spouse Protection Act to my advantage esp if I have a reocurrrence. At this point in my life, I am 52, I need more financial stability and receiving some sort of payment from my husband would give me that. I will probably be trying to pay off my medical bills the rest of my life, let me tell you, even with insurance, out of pocket costs for cancer treatments are expensive. And I have more than the average number of checkups in my future to ensure I am still cancer free and to monitor for any reocurrrence. I was shocked when some of my doctors told me even with Tricare I was underinsured ( I cannot afford a second source of insurance thru my employer ) Until the breast cancer I had always been healthy.

If anyone reading this has " been there, done that " and would not mind telling me what you did and how, I would really appreciate it. Private messages or emails would be fine too.

Rane
 
itsbob

itsbob

I bowl overhand
Rane said:
Hi everyone,

I hesitated to post this here but would really like to hear other womens' experiences and advice if you may have been in a similar situation and are willing to share with me. My husband and I have married for 32 years, but have been separated for about 8 years, He retired after 20 years in the Navy a few years before we separated. We have lived apart since the separation. Our only child is grown so there would be no child support involved. I have put off filing for divorce for years now, I really cannot afford legal fees, etc... esp since I went thru breast cancer treatment 4 years ago. I have gone to the legal office on base but they are not much help in giving me more specific info. I need more specifics, details on what I need to do. I have worked full time since we moved to Maryland in 2002 but do not make a lot of money. I pretty much live paycheck to paycheck, I cannot afford to pay a lawyer a retainer or any legal fees to file for divorce, but I really feel that I should file now and use the Former Spouse Protection Act to my advantage esp if I have a reocurrrence. At this point in my life, I am 52, I need more financial stability and receiving some sort of payment from my husband would give me that. I will probably be trying to pay off my medical bills the rest of my life, let me tell you, even with insurance, out of pocket costs for cancer treatments are expensive. And I have more than the average number of checkups in my future to ensure I am still cancer free and to monitor for any reocurrrence. I was shocked when some of my doctors told me even with Tricare I was underinsured ( I cannot afford a second source of insurance thru my employer ) Until the breast cancer I had always been healthy.

If anyone reading this has " been there, done that " and would not mind telling me what you did and how, I would really appreciate it. Private messages or emails would be fine too.

Rane
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Check online for Supplemental Insurance. It covers just about everything Tricare doesnt.. we bought ours through ASI.. about $150 per pay period (for a family).. more than worth it if you need extended medical care or have recuring medical issues.
 
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PeoplesElbow

PeoplesElbow

Well-Known Member
I suggest joining AARP and getting their indemnity supplemental insurance (it is cheap). Both my parents had it, my dads insurance covered everything but he still got like $120 a day he was in the hospital paid direct to him, he was in the hospital quite a bit with cancer and it helped them out alot.
 
Bann

Bann

Doris Day meets Lady Gaga
PREMO Member
PeoplesElbow said:
I suggest joining AARP and getting their indemnity supplemental insurance (it is cheap). Both my parents had it, my dads insurance covered everything but he still got like $120 a day he was in the hospital paid direct to him, he was in the hospital quite a bit with cancer and it helped them out alot.
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:yay: I was going to suggest this, too. I don't know how expensive it is (or not) these days, but my mom was an AARP member and had gotten a supplemental from them. (She had Tricare for Life insurance)
 
acommondisaster

acommondisaster

Active Member
I have a pretty good feeling that she's already done the research, what she's really looking for is someone who's been through a divorce with a military person and wants to know the personal side of Spouse Protection Act (ie retirement benefits, health coverage through her exhusband). If she says she's working pay check to pay check, $150 for supplemental insurance is probably out of the realm of possibilities. Google's great, we can all google, but sometimes what a person really wants is info from someone who's been there. Legalzoom, works for some things, but she could jeopardize her entitlements if she screws it up; she needs a lawyer. Does anyone know if she can use a JAG officer to help with her divorce?

I don't know what she's entitled to as far as insurance coverage from her estranged spouse, but unless something's changed, she is entitled to half his retirement pay, unless he's had it computed as disability pay. She needs someone to tell her a good court and lawyer who understands the division of retired pay. Maybe someone in this forum can point her in the right direction from experience.
 
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edinsomd

edinsomd

New Member
If she's not divorced, she's still a military spouse, even retired. She should be eligible a for Military ID card, Tricare, and access to the Exchange, Commissary, and legal assistance.
 
acommondisaster

acommondisaster

Active Member
edinsomd said:
If she's not divorced, she's still a military spouse, even retired. She should be eligible a for Military ID card, Tricare, and access to the Exchange, Commissary, and legal assistance.
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I was wondering the same thing. No doubt her ID's expired, so she'd have to figure that part out.
 
R

Rane

Lookin for Margaritaville
edinsomd said:
If she's not divorced, she's still a military spouse, even retired. She should be eligible a for Military ID card, Tricare, and access to the Exchange, Commissary, and legal assistance.
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Thank you all very much for the advice, I really appreciate it. Yes, I still have Tricare, get my MIL ID Renewed every few years, go to the commisary, etc... and yes I have been to the legal office , they mean well but are not much help, they advise me to retain a lawyer and directed me to the courthouse, where they gave me a stack of legal papers full of jargon I need to research. My husband is not disabled but he is currently unemployed ( he calls it retired lol ) There is no way I can afford a lawyer. I was hoping to hear from a former military spouse who has gone thru the divorce process and would not mind telling me her experience.
 
acommondisaster

acommondisaster

Active Member
Rane said:
Thank you all very much for the advice, I really appreciate it. Yes, I still have Tricare, get my MIL ID Renewed every few years, go to the commisary, etc... and yes I have been to the legal office , they mean well but are not much help, they advise me to retain a lawyer and directed me to the courthouse, where they gave me a stack of legal papers full of jargon I need to research. My husband is not disabled but he is currently unemployed ( he calls it retired lol ) There is no way I can afford a lawyer. I was hoping to hear from a former military spouse who has gone thru the divorce process and would not mind telling me her experience.
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Havent been through it, but thought I'd throw in my fairly worthless 2 cents. It doesnt matter if he's unemployed or not, you are legally entitled to half his retirement pay. Have you made inquiries to lawyers, or do you just assume you can't afford it? Just make sure any lawyer to get involved with knows military spouse entitlements.
 
Bustem' Down

Bustem' Down

Give Peas a Chance
acommondisaster said:
Havent been through it, but thought I'd throw in my fairly worthless 2 cents. It doesnt matter if he's unemployed or not, you are legally entitled to half his retirement pay. Have you made inquiries to lawyers, or do you just assume you can't afford it? Just make sure any lawyer to get involved with knows military spouse entitlements.
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I think she's only legally entitled to it when she gets divorced. Since they are still married it's "their" money and he's just not letting her spend any.
 
Bann

Bann

Doris Day meets Lady Gaga
PREMO Member
As others have said, it's best to get an attorney who is experienced in this type of divorce. Also, no matter what you may or may not be entitled to in the way of his military retirement pay if you divorce- I think that once he dies you will lose it.
 
Bustem' Down

Bustem' Down

Give Peas a Chance
Bann said:
As others have said, it's best to get an attorney who is experienced in this type of divorce. Also, no matter what you may or may not be entitled to in the way of his military retirement pay if you divorce- I think that once he dies you will lose it.
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Yes. The retirement pay is only around while he's alive.
 
Coventry17

Coventry17

New Member
That is incorrect. SBP (Survivor Benefit Plan) can only be denied by the dependent spouse. It is an election that has to be made PRIOR to retirement and it is funded by an 8% stipend paid off the top end of the pension. If the couple divorces and the retired member dies, the surviving divorced spouse continues to receive her share of the pension until her death. In the State of Maryland, the divorced spouse is entitled to half of the member's pension FOR THE PERIOD THAT THEY WERE MARRIED. For example, if the member served 20 years and the couple was married for 10 of that, the divorced dependent is entitled to half of the pension accrued during that 10 year period. If the pension is 50% of base pay (simplistic, but for the sake of argument), she would get 50% of 50%, or 25% of his pre-tax pension. The retired member pays the entire tax burden of the total pension. Once divorced, the dependent spouse will lose all other privileges, including TRICARE. An attorney absolutely needs to be involved and the sooner, the better. Most things can be negotiated between both sides prior to the finalization of the divorce, except for the pension (it is mandated by state law and non-negotiable). You can negotiate health insurance coverage into the divorce agreement for a period of time or in perpetuity; however, if the retired member is enrolled in TRICARE (and why wouldn't he?), a non-dependent former spouse cannot be included in his plan. Every case is unique and just because Sally got this when she divorced Steve doesn't mean you'll get the same thing; the judge can award you less...or more. The bottom line is, bite the bullet and retain an attorney.
 
Bann

Bann

Doris Day meets Lady Gaga
PREMO Member
Coventry17 said:
That is incorrect. SBP (Survivor Benefit Plan) can only be denied by the dependent spouse. It is an election that has to be made PRIOR to retirement and it is funded by an 8% stipend paid off the top end of the pension. If the couple divorces and the retired member dies, the surviving divorced spouse continues to receive her share of the pension until her death. In the State of Maryland, the divorced spouse is entitled to half of the member's pension FOR THE PERIOD THAT THEY WERE MARRIED. For example, if the member served 20 years and the couple was married for 10 of that, the divorced dependent is entitled to half of the pension accrued during that 10 year period. If the pension is 50% of base pay (simplistic, but for the sake of argument), she would get 50% of 50%, or 25% of his pre-tax pension. The retired member pays the entire tax burden of the total pension. Once divorced, the dependent spouse will lose all other privileges, including TRICARE. An attorney absolutely needs to be involved and the sooner, the better. Most things can be negotiated between both sides prior to the finalization of the divorce, except for the pension (it is mandated by state law and non-negotiable). You can negotiate health insurance coverage into the divorce agreement for a period of time or in perpetuity; however, if the retired member is enrolled in TRICARE (and why wouldn't he?), a non-dependent former spouse cannot be included in his plan. Every case is unique and just because Sally got this when she divorced Steve doesn't mean you'll get the same thing; the judge can award you less...or more. The bottom line is, bite the bullet and retain an attorney.
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SBP is completely different than the military retirement pay.

She definitely needs to get the advice of an attorney.
 
Bustem' Down

Bustem' Down

Give Peas a Chance
Coventry17 said:
That is incorrect. SBP (Survivor Benefit Plan) can only be denied by the dependent spouse. It is an election that has to be made PRIOR to retirement and it is funded by an 8% stipend paid off the top end of the pension. If the couple divorces and the retired member dies, the surviving divorced spouse continues to receive her share of the pension until her death. In the State of Maryland, the divorced spouse is entitled to half of the member's pension FOR THE PERIOD THAT THEY WERE MARRIED. For example, if the member served 20 years and the couple was married for 10 of that, the divorced dependent is entitled to half of the pension accrued during that 10 year period. If the pension is 50% of base pay (simplistic, but for the sake of argument), she would get 50% of 50%, or 25% of his pre-tax pension. The retired member pays the entire tax burden of the total pension. Once divorced, the dependent spouse will lose all other privileges, including TRICARE. An attorney absolutely needs to be involved and the sooner, the better. Most things can be negotiated between both sides prior to the finalization of the divorce, except for the pension (it is mandated by state law and non-negotiable). You can negotiate health insurance coverage into the divorce agreement for a period of time or in perpetuity; however, if the retired member is enrolled in TRICARE (and why wouldn't he?), a non-dependent former spouse cannot be included in his plan. Every case is unique and just because Sally got this when she divorced Steve doesn't mean you'll get the same thing; the judge can award you less...or more. The bottom line is, bite the bullet and retain an attorney.
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This is also all depending on that they are divorced. If they are still legally married, as they are, she's only going to get what he will give her. He would have had to sign up for the SBP before his retirement and pay into it and she wouldn't get any of that annuity until he's dead. Once he's dead, the pension ceases to exist and she gets an annuity from the SBP based on what was paid in.

Basically, if you want any money, there's only two options. Hire and attorney and get the divorce or move back in with him. I suggest number one cause right now he has all the control.
 
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Vince

Vince

......
Coventry17 said:
That is incorrect. SBP (Survivor Benefit Plan) can only be denied by the dependent spouse.
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True, but only if she had it to begin with. If her spouse didn't get her Survivor Benefit to begin with, it's too late now. As for his retirement pay, any court awarded portion of his retirement will be discontinued after his death unless you have SBP. This is not a set 50% either. It is calculated based on the number of years you were married to him while he was in the military. You had to be married to him at least 10 years during his time in service, if not, you're not entitled to any of his retirement. Get a lawyer.
 
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