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11-07-2008, 04:56 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 1
| | | post divorced issues
Pennsylvania
My ex and I were married 33 years at divorce. He had spent 21 yrs active duty Navy service, of which I was married to him 19.5 years at retirment. When we divorced I could not afford an attorney, but He had one. I got half of his Navy retirement pension and we both verbally thought since he had served 21 yrs active service I would continue to receive Medical Benefits for life. After divorced it turns out since I had been married to him for 19.5 years at his retirement and not 20 years; I am not eligible for Medical Benefits. Do I have any recourse even though this was a verbal agreement and not written? I am not employed and have no medical benefits now.
Any advice would be helpful!What is the name of your state (only U.S. law)? |
11-07-2008, 05:06 PM
| | Senior Member | | Join Date: May 2004
Posts: 33,529
| | Quote:
Originally Posted by MBWD49  Pennsylvania
My ex and I were married 33 years at divorce. He had spent 21 yrs active duty Navy service, of which I was married to him 19.5 years at retirment. When we divorced I could not afford an attorney, but He had one. I got half of his Navy retirement pension and we both verbally thought since he had served 21 yrs active service I would continue to receive Medical Benefits for life. After divorced it turns out since I had been married to him for 19.5 years at his retirement and not 20 years; I am not eligible for Medical Benefits. Do I have any recourse even though this was a verbal agreement and not written? I am not employed and have no medical benefits now.
Any advice would be helpful!What is the name of your state (only U.S. law)? | No, you really have no recourse. A state court judge cannot force the military to provide you medical benefits if you do not qualify for them. You are going to need a job with medical benefits, or have to pay for private insurance. How long until you are 65 and eligible for Medicare?
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11-07-2008, 05:48 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 17,473
| | Quote:
Originally Posted by LdiJ No, you really have no recourse. A state court judge cannot force the military to provide you medical benefits if you do not qualify for them. You are going to need a job with medical benefits, or have to pay for private insurance. How long until you are 65 and eligible for Medicare? | Are you in your 50s? I'm 54 and women our age CAN get jobs with medical benefits. I got a new job with a host of benefits late last year.
Have you been looking?
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11-10-2008, 01:58 PM
| | Member | | Join Date: Feb 2004
Posts: 479
| | | You do not mention when you were divorced, but since your marriage and his active service overlapped by more than 15 years, but less than 20 years, you are eligible for military medical benefits for one year after the divorce and then premium based medical care under a transitional medical plan since you do not have benefits from an employer. |
11-14-2008, 11:21 PM
| | Member | | Join Date: Nov 2008
Posts: 240
| | | The military requires you to fill out the paper work for continued medical benifits. I believe you only have a year after the divorce. The military's stance on this is simply that if you don't jump through the hoops then they do not and can't owe you the benifits.
If the year isn't up sinse the final decree was signed then you had better move on it. Your ex is not allowed to do it for you, so he is not responsible if you loose it.
Good luck | |
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