Military Wife Rights

[Cathy47]

What is the name of your state? Virginia

I have been married 33years to now Retired Navy. We are seprated, not legaly. He has become ill with cancer of the lungs and brain. He tells me I will have no benies when he dies. I do know he fixed it that my allotment will stop when he dies but what about other items such as my ID card. I have been told by other wives I should still get that. As his wife do I not have any rights at all when he dies?What is the name of your state?

[cvdesign]

Originally Posted by Cathy47

What is the name of your state? Virginia

I have been married 33years to now Retired Navy. We are seprated, not legaly. He has become ill with cancer of the lungs and brain. He tells me I will have no benies when he dies. I do know he fixed it that my allotment will stop when he dies but what about other items such as my ID card. I have been told by other wives I should still get that. As his wife do I not have any rights at all when he dies?What is the name of your state?

I think more information on your situation is needed ...

First of all, is it a discretionary allotment? Or is it an non-discretionary? I'm assuming that it's discretionary, because since you're still married, there's probably no court order forcing him to have the allotment ...

Second of all, IIRC, as his wife (since you're not divorced yet?), I'm pretty sure that you will get ALL of his benefits when he passes away ... or do you and he plan on divorcing before that happens?

[soon2bstep]

if he passes while you are still married, you and HIS children will get to keep your benefits as he is retired...you will * i believe* recieve his pension, disability, and any TSP he may have had...also, after you're divorced from a service member, it is my knowledge that if you do not remarry after divorcing a servicemember, the service will pay for your burial...his allotment, if not courtordered, could be terminated this very instant...if it is court ordered, i do believe it would go away after he died(if you're married), b/c you would be getting his benes.....

then again, you can contact the VA because they'd have the exact knowledge to include childrens benes and health insurances etc...

[og719]

You need to speak to the Retired Affairs Office on a military base. If he is signed up for Survivor Benefit Plan you may receive some money on a monthly basis. If not, you will still have ID card, commissary, exchange, etc, but when he dies his retirement pay stops. Since you live in VA you can't be far from a military base.

[Cathy47]

We are not divorced don't plan on it. Allotment is not court ordered. And yep there are 3 or 4 military installations around here. You all are saying the samethings other wifes have been telling me. So now I'll get this ball rolling cause he has only 6 months to live.

I sure hope I replyed back correctly I am not computer smarts. To all that helped with info thank you all.

[ouecreole]

my husband is officer in the USAF and if i read your question correctly, one of you moved out, never filed for a seperation or divorce, he had dfas take a specified amount of his retirement check and send it to you,

After 20 (or 23) years of marriage to a military member you will retain all of your privileges. he couldnt take it, if he wanted too!

Soon2bstep - was correct! ... plus, if he is over 62 yrs old and you are his first wife, You will get his social security benefits too! (i'm pretty sure, i was just reading the statement and booklet)

on another note, i'm sorry to hear that he has cancer!

Best site
[url]http://www.defenselink.mil/[/url]

(Ins and Outs of retirement pay and divorce)
[url]http://www.dfas.mil/retiredpay.html[/url] this will answer most of your questions


marine corps article, but they applies


[url]http://www.marinecorpstimes.com/community/ask_lawyer/military_askthelawyer_070716w/[/url]


(survivor benefits)
[url]http://www.marinecorpstimes.com/careers/retirement/military_survivor_benefits_2007hbml/[/url] (survivor benefits)