In Florida no separatiom

[Renee Smart]

Fl.
I am desperate for information. My husband of forty years walked out for someone who wrote him online, if I divorce I loose all my medical (military retired dependant) he is willing to divide all assets and pay me support but how can we do this with Fl. having no legal separation. He just found out that he can not deduct my support from his income without a court order. The military changed requirements after we retired so I lose medical and I have too many conditions to be able to get affordable care. Is there any option in Fl for me, without a divorce? Thank you,

[Bali Hai]

Originally Posted by Renee Smart

Fl.
I am desperate for information. My husband of forty years walked out for someone who wrote him online, if I divorce I loose all my medical (military retired dependant) he is willing to divide all assets and pay me support but how can we do this with Fl. having no legal separation. He just found out that he can not deduct my support from his income without a court order. The military changed requirements after we retired so I lose medical and I have too many conditions to be able to get affordable care. Is there any option in Fl for me, without a divorce? Thank you,

Yes R Smart, do what you have should have done 40 years ago and rely on yourself!!

[LdiJ]

Originally Posted by Renee Smart

Fl.
I am desperate for information. My husband of forty years walked out for someone who wrote him online, if I divorce I loose all my medical (military retired dependant) he is willing to divide all assets and pay me support but how can we do this with Fl. having no legal separation. He just found out that he can not deduct my support from his income without a court order. The military changed requirements after we retired so I lose medical and I have too many conditions to be able to get affordable care. Is there any option in Fl for me, without a divorce? Thank you,

First, I need to tell you that you absolutely, must hire an attorney. You absolutely cannot afford to be without one.

I will also tell you that you are entitled to a full 50% of his military pension, and you will be able to draw Social Security based on his earnings (if your own earnings wouldn't give you a higher benefit).

Yes, he cannot deduct the support he gives you (and realize, that if he can deduct the support then its taxable income to you, so plan accordingly) unless its court ordered spousal support.

Your medical conditions and the health insurance issues are going to be serious unless you are old enough to qualify for medicare. I don't know your age but I have to assume that if you have been married 40 years, you aren't that far off from being eligible for medicare.

Please do the wise thing and hire an attorney ASAP. Your goal should be for him to agree to stay legally married until you qualify for medicare.

I am so sorry that you are going through this. This is one of those instances where I wish a divorce wasn't even possible.

[Bali Hai]

Originally Posted by LdiJ

First, I need to tell you that you absolutely, must hire an attorney. You absolutely cannot afford to be without one.

I will also tell you that you are entitled to a full 50% of his military pension, and you will be able to draw Social Security based on his earnings (if your own earnings wouldn't give you a higher benefit).

Yes, he cannot deduct the support he gives you (and realize, that if he can deduct the support then its taxable income to you, so plan accordingly) unless its court ordered spousal support.

Your medical conditions and the health insurance issues are going to be serious unless you are old enough to qualify for medicare. I don't know your age but I have to assume that if you have been married 40 years, you aren't that far off from being eligible for medicare.

Please do the wise thing and hire an attorney ASAP. Your goal should be for him to agree to stay legally married until you qualify for medicare.

I am so sorry that you are going through this. This is one of those instances where I wish a divorce wasn't even possible.

If you want to know why divorces are so easy to obtain these days, look in the mirror.

[LdiJ]

Originally Posted by Bali Hai

If you want to know why divorces are so easy to obtain these days, look in the mirror.

Your statements are getting wierder and wierder Bali.

[IrishLady47]

Originally Posted by Renee Smart

Fl.
... The military changed requirements after we retired so I lose medical and I have too many conditions to be able to get affordable care....

Since you have been married for over 20 years and I assume your husband served at least 20 years since he is drawing retired pay--as long as his service and your marriage overlapped for 20 years you will retain all dependents entitlements, including medical. That hasn't changed since the USFSPA was passed in 1980s. There is even a current proposal to Congress to pass that same benefit to former spouses who meet the 20/20/15 rule (marriage and service overlap of 15 years). Do you meet the 20/20/20 rule?

Originally Posted by LdiJ

I will also tell you that you are entitled to a full 50% of his military pension, and you will be able to draw Social Security based on his earnings (if your own earnings wouldn't give you a higher benefit).

Yes on the social security, not necessarily on the military retirement. It depends on overlap of marriage and service. It will also depend on if he is drawing some of his military pension as disability pay. As far as division of property that is. However, with a 40 year marriage, she may well receive 50% or close of to all his income as spousal support. Or a combination of property division & spousal support.

OP-in addition to finding an attorney (and make sure they are familiar w/military benefits), please google "Uniformed Services Former Spouses Protection Act".

[Renee Smart]

I do not meet the 20/20 I was married for 17 1/4 years of his 20 years in the military, when he retired all you had to be was married for 15 years of the 20, they changed it 3 years after he retired

[Bali Hai]

Originally Posted by LdiJ

Your statements are getting wierder and wierder Bali.

You can project what you desire on me mom. BTW, it's weirder and I'm proud of it.

[IrishLady47]

Originally Posted by Renee Smart

I do not meet the 20/20 I was married for 17 1/4 years of his 20 years in the military, when he retired all you had to be was married for 15 years of the 20, they changed it 3 years after he retired

Under the 20/20/15 rule, if you are not eligible for coverage of your own from an employer, you can still receive military medical benefits for one year after the divorce. When are you eligible for Medicare?

[Renee Smart]

I am 60 years old