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Seperation or Divorce

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wawdallas

Junior Member
What is the name of your state (only U.S. law)? Mother is in Texas and dad is in Canada. They have been separated (not legally) since May 2002. He left to live with a woman in Nova Scotia, Canada and my question is does my mother have to do anything to be entitled to any of his pay as they are married now 37 years and was with him over 18 years of his military career in the Army. If not then would it be better to get a legal separation or a divorce and what is the difference. Trying to help my mother get off the streets unemployed and homeless as JAG has been zero help.
 


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Proserpina

Senior Member
wawdallas said:
What is the name of your state (only U.S. law)? Mother is in Texas and dad is in Canada. They have been separated (not legally) since May 2002. He left to live with a woman in Nova Scotia, Canada and my question is does my mother have to do anything to be entitled to any of his pay as they are married now 37 years and was with him over 18 years of his military career in the Army. If not then would it be better to get a legal separation or a divorce and what is the difference. Trying to help my mother get off the streets unemployed and homeless as JAG has been zero help.
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Mom needs an attorney - sorry, but that's really the most prudent advice you can give her.

How long has Dad been in Canada exactly? Since 2002?
 
LdiJ

LdiJ

Senior Member
wawdallas said:
What is the name of your state (only U.S. law)? Mother is in Texas and dad is in Canada. They have been separated (not legally) since May 2002. He left to live with a woman in Nova Scotia, Canada and my question is does my mother have to do anything to be entitled to any of his pay as they are married now 37 years and was with him over 18 years of his military career in the Army. If not then would it be better to get a legal separation or a divorce and what is the difference. Trying to help my mother get off the streets unemployed and homeless as JAG has been zero help.
Click to expand...
In a divorce, your mother would be entitled to a portion of his military retirement and since they were married more than 10 years of his military career, the money would be paid directly to her.

Your mother needs an attorney and needs a divorce.
 
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