My husband has filed for divorce. What rights as a military spouse do I have. WE have been married 19 years of active duty. I understand that I am entitled to a portion of his retirement but is there anything else that I need to look into?<p>Anne2000

Survivor Benefit Plan (SBP)
Insurance (sort of) so if he dies, you will continue to receive a portion of his retirement, generally 55%. Make sure it is written into the divorce settlement! Don't take his word or anything written down, even if it comes from the military.<p>If he retires before the divorce is final, you get to keep all benefits (commissary, exchange, hospital, etc.)<p>Also, the children will get all these benefits until they are 19 or 24 if in college.

<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by Anne2000:
I understand that I am entitled to a portion of his retirement but is there anything else that I need to look into?
Anne2000[/QB]<hr></blockquote><p>Your first step is to see a JAG officer. Make an appointment. He will tell you what remaining military entitlements you will have. You will lose your ID card, if there are children, they will not. The military does not do divorces. It will fall under the state where the divorce is filed. And state laws vary. You may get a part of his retirement but that will be up to the court.
Visit the housing and transportation offices. They have policies pertaining to housing and the movement of household goods. You will want to know what these policies are.

my h retired almost 3 yrs ago, I will get 1/2 of the retirement check, but was told you have to be married 20yrs to keep the military health insurance. A word about the retirement check, my H had me sign papers when he was getting out, H told me it was to get the check & be being stupid signed without reading them something I always did, it was a once only deal to get insurance on the retirement payment if he dies now it will stop without this insurance, so please make sure you get it. I found out thur my x-sister-in law who almost lost everything they had after her H died.
M-17yrs
C-12,28,7 yrs gd
D-1-22-02
MOW-10yrs
C-small kids
D-pending

Anna, <p>Half his retirement..and No it's not based on 20 years of marriage..it's based on 10 years..you can
also get the child support set up from direct deposit from the retirement check..(a friend of mine's ex got half his retirement..and they were only married 9 years..so it really depends on your lawyer, and what you ask for) the wife had it set up in different though..(I know her too) she had it set that until their oldest daughter turned 18 she would get child support..and then when she turns 18 it would be half his retirement..and yes, it states that (since child support is paid by his retirement check)so even when their oldest daughter turns 18 and the child support should end..she'll still be getting the same amount of money..until their son turns 18..so I guess it's all in how you have it worded..I can ask to look at their divorce papers to see how she has it worded and let you know..LOL...<p>And if you have small children they will have the medical..and you will be able to keep the sticker on your car..so that you can get medical treatment for your kids..not sure which branch of the military you are dealing w/ but if it's AF, you can contact the Personal Affairs office or even the Legal Department on base..they should be able to give you some info..<p>And on another note..How is your son doing in school? Is he improving? How is he doing w/ his
assignments? Is he continuing to do them w/ no reminders from mom??<p>And how is the job search going? Have you found a new job?

ThornedRose,<p>Thank you for the information you have given me. Forgive me but I think you are thinking that I am Anna2000. It is funny that you asked those questions at the end of the post... Those also relate to me too.<S>
I would love to know the wording that she used in her divorce just incase I could use it too.<p>Again thanks for your help,
Anne2000<p>
<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by ThornedRose:
<strong>Anna, <p>Half his retirement..and No it's not based on 20 years of marriage..it's based on 10 years..you can
also get the child support set up from direct deposit from the retirement check..(a friend of mine's ex got half his retirement..and they were only married 9 years..so it really depends on your lawyer, and what you ask for) the wife had it set up in different though..(I know her too) she had it set that until their oldest daughter turned 18 she would get child support..and then when she turns 18 it would be half his retirement..and yes, it states that (since child support is paid by his retirement check)so even when their oldest daughter turns 18 and the child support should end..she'll still be getting the same amount of money..until their son turns 18..so I guess it's all in how you have it worded..I can ask to look at their divorce papers to see how she has it worded and let you know..LOL...<p>And if you have small children they will have the medical..and you will be able to keep the sticker on your car..so that you can get medical treatment for your kids..not sure which branch of the military you are dealing w/ but if it's AF, you can contact the Personal Affairs office or even the Legal Department on base..they should be able to give you some info..<p>And on another note..How is your son doing in school? Is he improving? How is he doing w/ his
assignments? Is he continuing to do them w/ no reminders from mom??<p>And how is the job search going? Have you found a new job?</strong><hr></blockquote>

Anne,<p>I think in one of your post you had said you were not working. If this is true....Did you know you usually can get lawyer for free through your state. Something you may wanna check out...<p>BTW, on the name thing again...Is there anyway of talking you into editing your name and changing it a little? I have friends who tell me they are also getting confused because your name is so close to mine...besides, have you seen my reputation? Is that something you really want, people to think you are me??? [img]images/icons/grin.gif" border="0[/img] I don't think I even want my reputation. [img]images/icons/grin.gif" border="0[/img] <p>Take care,<p>ANNA

<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by ThornedRose:
<strong>Anna, <p>Half his retirement..and No it's not based on 20 years of marriage..it's based on 10 years..you can
also get the child support set up from direct deposit from the retirement check..(a friend of mine's ex got half his retirement..and they were only married 9 years..so it really depends on your lawyer, and what you ask for) the wife had it set up in different though..(I know her too) she had it set that until their oldest daughter turned 18 she would get child support..and then when she turns 18 it would be half his retirement..and yes, it states that (since child support is paid by his retirement check)so even when their oldest daughter turns 18 and the child support should end..she'll still be getting the same amount of money..until their son turns 18..so I guess it's all in how you have it worded..I can ask to look at their divorce papers to see how she has it worded and let you know..LOL...<p>And if you have small children they will have the medical..and you will be able to keep the sticker on your car..so that you can get medical treatment for your kids..not sure which branch of the military you are dealing w/ but if it's AF, you can contact the Personal Affairs office or even the Legal Department on base..they should be able to give you some info..<p>And on another note..How is your son doing in school? Is he improving? How is he doing w/ his
assignments? Is he continuing to do them w/ no reminders from mom??<p>And how is the job search going? Have you found a new job?</strong><hr></blockquote><p>TR,<p>Hey girl. I think you may be confused as well. Anne2000 is not me.<p>I'll email ya later...<p>ANNA

I'm sorry..and I will try and get a copy of those papers..<p>And Anna is correct..you can contact Legal Aid
and see if they can help..

Anna,<p>I will go in and try and see if I can figure out how to change my name.. and no I have not seen your rep. [img]images/icons/smile.gif" border="0[/img] Thanks for letting me know.<p>I am not working at this time.. applying but no luck... I can't use a lawyer in Ga because my H is in Mississippi and I have to get a lawyer in Ms.<p>
<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by Anna2000:
<strong>Anne,<p>I think in one of your post you had said you were not working. If this is true....Did you know you usually can get lawyer for free through your state. Something you may wanna check out...<p>BTW, on the name thing again...Is there anyway of talking you into editing your name and changing it a little? I have friends who tell me they are also getting confused because your name is so close to mine...besides, have you seen my reputation? Is that something you really want, people to think you are me??? [img]images/icons/grin.gif" border="0[/img] I don't think I even want my reputation. [img]images/icons/grin.gif" border="0[/img] <p>Take care,<p>ANNA</strong><hr></blockquote>

Anna big problem with changing my name.. it will not let me do it! YIKES... do you know of any way that I can change it?<p>
<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by Anne2000:
<strong>Anna,<p>I will go in and try and see if I can figure out how to change my name.. and no I have not seen your rep. [img]images/icons/smile.gif" border="0[/img] Thanks for letting me know.<p>I am not working at this time.. applying but no luck... I can't use a lawyer in Ga because my H is in Mississippi and I have to get a lawyer in Ms.<p>
</strong><hr></blockquote>

Anne,<p>You are so sweet to change it. Thanks! [img]images/icons/wink.gif" border="0[/img] <p>
I don't know how it's done either but I've seen names who actually did change it. It'll say formerly and then the old name.<p>I'll email MB ask them...<p>Surely someone on here will read this and chime in....<p>Okay someone...How do you change your name on MB? I know it can be done now...<p>ANNA<p>P.S.<p>On the divorce...Have you checked into getting the court to change the divorce to your area...I think there's away to do it...

I don't know how it's done either but I've seen names who actually did change it. It'll say formerly and then the old name.
Can't "change" your current name. You have to re-register. Which means you have to get another email address. (Yahoo.com & hotmail.com are a couple places you can get one free)
Some of us lost our original registrations when the system crashed back in Mar '00 and we had to register again. We could use the same email but the old user name was locked.<p>[ January 11, 2002: Message edited by: Chris (CA123) ]</p>

Hey Anne,<p>I think you are trying to change your "login name". That one doesn't have to change. Click on "my profile", view/edit profile, and just change the "Publicly displayed name."<p>Any new info on the divorce?<p>ANNA

<blockquote><font size="1" face="Verdana, Arial">quote:</font><hr>Originally posted by Chris (CA123):
<strong>I don't know how it's done either but I've seen names who actually did change it. It'll say formerly and then the old name.
Can't "change" your current name. You have to re-register. Which means you have to get another email address. (Yahoo.com & hotmail.com are a couple places you can get one free)
Some of us lost our original registrations when the system crashed back in Mar '00 and we had to register again. We could use the same email but the old user name was locked.<p>[ January 11, 2002: Message edited by: Chris (CA123) ]</strong><hr></blockquote><p>Hey Chris,<p>Thanks for the info. Although since the latest server changes it is possible to change the name the public sees now.<p>How are your daughters adjusting now that their mother decided to pop in and out of their lives???
Be careful to keep a close eye on them, it may affect one or both of them, negatively.<p>Take care,<p>ANNA<p>[ January 11, 2002: Message edited by: Anna2000 ]</p>

No new news.. still waiting for papers to be served.. nerves are fried at the moment! I am trying to figure out everything I need to get together for a lawyer...Anyone know a good lawyer in Mississippi, Biloxi area?<p>Anne2000<p>[:
<strong>Hey Anne,<p>I think you are trying to change your "login name". That one doesn't have to change. Click on "my profile", view/edit profile, and just change the "Publicly displayed name."<p>Any new info on the divorce?<p>ANNA</strong>[/QUOTE]

If he hasn't filed yet..you can in your state..
and he will have to find a lawyer there, the courts would keep it in the state in which it's filed from my understanding..<p>and sorry, I don't know of one in Mississippi either..

Getting a divorce while your spouse is on active duty will stop certain benefits, if your spouse is retired or ready to retire, you must meet the 20/20/20 rule to keep all benefits. 1/2 the retirement is granted automatically (needs to be included in divorce papers) if you meet the 20/20/20 rule, but if not, your state of filing can require a portion of retirement be given to you as part of the settlement. If you keep all benefits, they will remain in effect until you remarry. Your children will keep their benefits, regardless of your status, until they are 18 or if in school, 24. Depending on how long you lived in GA, you can claim residency there, or in his home state (a dependent spouse is allowed to claim residency in the state of the service member as shown on his LES), or in your home state, so check for the state with the best support laws, etc for filing. Almost forgot to explain 20/20/20 rule. He has to have been on active duty 20 years or more, you have to have been married 20 years and the 20 years must overlap. This rule is important because it doesn't just cover 1/2 the pension, it also includes commissary, pharmacy, exchange, medical, dental services, etc. All the benefits you would have been eligible for as if the marriage is intact. One other fact you should consider.... you must put in the divorce papers any action concerning SGLI continuation and requiring that the beneficiary remain the same even after divorce. A word of caution....if you are using any of the service associated companies such as the credit union, USAA, or others that are based on his membership, you need to open your own account without him as joint owner to continue to take advantage of the organizations benefits. I have been a military spouse for 19 years, been a budget counselor and caseworker for military families for 17 of those years and been a VITA representative for 8 of those years. My spouse walked out after 19 years of marriage, due to his affair with a 24 y.o. Because of my knowledge of military regs, and tax laws, he has to provide 3/5 of his total military income to me until the divorce is final, then if he is retired, I get a minimum of 50% of retirement. If you need more info, email me and I'll try to help.

JakesDaughter,
How do I get your e-mail address off of here.

I have been married 19 yrs of active duty that he has served.<p>Anne<p>If you need more info, email me and I'll try to help.[/QB][/QUOTE]

Hey Anna,<p>Nothing new yet. Still have not gotten the papers in the mail. <p>Any new info on the divorce?<p>ANNA[/qb][/QUOTE][/QB][/QUOTE]