If my husband just retired from the military after 20 years and we have been married for 15 years, what am I entitled in a divorce?

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If my husband just retired from the military after 20 years and we have been married for 15 years, what am I entitled in a divorce?

I am worried about losing medical benefits and if I will get any of his retirement check. I have 2 kids; will I also get child support?

Asked on July 30, 2011 Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, you are entitled to generally a portion of his military benefits accrued during the marriage. So for you, that would for the 15 years you were married, minus the time during the last portion when you were legally separated or otherwise. Next, medical benefits may not be required to be given to you but this is something your lawyer would have to negotiate for you, especially if it is simply for your kids. In other words, most medical benefits are not allowed to be given to non-spouses (i.e., ex-dependants); however, you can probably ensure medical benefits continue for your children as dependants of your ex-spouse. The other items you need to review for your individual future benefit are any pensions, other assets and the like. Child support also needs to be a consideration. You need to check if in your state child support can be ordered to continue until the children graduate from college or vocational school.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, you are entitled to generally a portion of his military benefits accrued during the marriage. So for you, that would for the 15 years you were married, minus the time during the last portion when you were legally separated or otherwise. Next, medical benefits may not be required to be given to you but this is something your lawyer would have to negotiate for you, especially if it is simply for your kids. In other words, most medical benefits are not allowed to be given to non-spouses (i.e., ex-dependants); however, you can probably ensure medical benefits continue for your children as dependants of your ex-spouse. The other items you need to review for your individual future benefit are any pensions, other assets and the like. Child support also needs to be a consideration. You need to check if in your state child support can be ordered to continue until the children graduate from college or vocational school.


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