elligible for support/benefits or not?

[bgleah]

What is the name of your state? wa

My brother was legally separated from his wife on 10/10/06 (he joined the military on 10/31/06) and their divorce petition was filed but was pending. He was killed in Iraq on July 26th 2007, the divorce wasn't finalized yet.. Is she still considered elligible for spousal benefits and to receive his death gratuity? If they're separated legally, doesn't that block her from being able to collect anything?

 

[DRTDEVL]

Duplicate.

https://forum.freeadvice.com/showthread.php?t=375262

 

[bgleah]

Not A Duplicate!!!!!!!!!!

Duplicate.

https://forum.freeadvice.com/showthread.php?t=375262

my other thread was regarding sgli (life insurance) specifically, and weither or not a will holds power over the insurance policy.

this thread is questioning if his wife is still considered an "eligible spouse" and is she entitled to receive his death benefits, such as his death gratuity. Because the were legally separated and a divorce was pending... actually the service member had the knowledge when he was shipped overseas that the divorce was finalized. however, the wife & her attorney withheld a document that he needed to sign, and when it was realized they failed to get it to him. WA state requires that both parties agree to take a 3 hour class since they're parenting in different states. (I should mention that his wife left him for another man, his former roommate before he was married, and her and her new guy were living off of the military benefits and child support that my brother was providing and lying to all about being a couple until after his death, so of course once she started getting money and housing benefits she didnt' want a divorce anymore, the benefits would stop).

 

[SHORTY LONG]

my other thread was regarding sgli (life insurance) specifically, and weither or not a will holds power over the insurance policy.

this thread is questioning if his wife is still considered an "eligible spouse" and is she entitled to receive his death benefits, such as his death gratuity. Because the were legally separated and a divorce was pending... actually the service member had the knowledge when he was shipped overseas that the divorce was finalized. however, the wife & her attorney withheld a document that he needed to sign, and when it was realized they failed to get it to him. WA state requires that both parties agree to take a 3 hour class since they're parenting in different states. (I should mention that his wife left him for another man, his former roommate before he was married, and her and her new guy were living off of the military benefits and child support that my brother was providing and lying to all about being a couple until after his death, so of course once she started getting money and housing benefits she didnt' want a divorce anymore, the benefits would stop).

This is a very emotional time for you, and your family. Personally, I would seek out former JAG'S
who now are in private practice, and see if you can at least obtain a free consultation.

What the honorable Fozzy2 shared with you (us) is sound advice, and I hope it all works out for the best for you all.

 

[DRTDEVL]

SGLI is paid to whomever the service member designates as the beneficiary. The death gratuity is dispersed in a "by law" nature, so she would be the default beneficiary.