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Picture of 11B32B
posted
I'm having a discussion with my mother in law, she thinks she get's her own pension from the US Army, I do not think she is, she is Italian and her husband served 25 years US Army with her as his spouse.

They are seperated and she just started getting about 400 dollars a month, but she just turned 62.

I think one of two things, either, because he's trying to divorce her and marry another woman that he consulted a lawyer and his lawyer said he has to pay the wife ( my mother in law ) something per month of his retirement pay or she just started getting her Social Security payments.

Conversation came up because we were discussing benefits and USFPA where it talks about after 20 years spouse is entitled to full medical, comm, and exchange benefits.


She seems stubborn set that she gets a pension to herself from the US Army for being a spouse for 20 years, I never heard of this and told her I am sure she is wrong, anyone else have any experience in this, I couldn't find anything online supporting this claim.
 
Posts: 405 | Location: Europe | Registered: 21 February 2011Reply With QuoteReport This Post



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Rumor is that a spouse for 10+ years is entitled to a portion of retirement. Don't know if I believe it, but it would consistent with other policies (e.g. spousal support when separated)

I have no reference.


This is a ten level task
 
Posts: 2870 | Registered: 15 February 2004Reply With QuoteReport This Post



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Not an official source, but slightly enlightening.
http://www.military-divorce-gu...itary-retirement.htm


This is a ten level task
 
Posts: 2870 | Registered: 15 February 2004Reply With QuoteReport This Post

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quote:
Originally posted by Homeless Guy:
I'm having a discussion with my mother in law, she thinks she get's her own pension from the US Army, I do not think she is, she is Italian and her husband served 25 years US Army with her as his spouse.

They are seperated and she just started getting about 400 dollars a month, but she just turned 62.

I think one of two things, either, because he's trying to divorce her and marry another woman that he consulted a lawyer and his lawyer said he has to pay the wife ( my mother in law ) something per month of his retirement pay or she just started getting her Social Security payments.

Conversation came up because we were discussing benefits and USFPA where it talks about after 20 years spouse is entitled to full medical, comm, and exchange benefits.


She seems stubborn set that she gets a pension to herself from the US Army for being a spouse for 20 years, I never heard of this and told her I am sure she is wrong, anyone else have any experience in this, I couldn't find anything online supporting this claim.
she does have to apply for the payment and it can be in the divorce decree. she can get up to 50pct of the availble ret pay if she was married to him for 20yrs while he was in the army. again it is not automatic but congress set these former spouses up pretty good. in fact, the check will come straight to her every month. she still has a i d card and should go see the jag on a military installation. it is cheaper to keep her!google: compensation for divorced former spouse of retired military members
 
Posts: 30 | Location: metro atl. | Registered: 11 August 2012Reply With QuoteReport This Post

posted Hide Post
quote:
Originally posted by Daddy Warcrimes:
Rumor is that a spouse for 10+ years is entitled to a portion of retirement. Don't know if I believe it, but it would consistent with other policies (e.g. spousal support when separated)

I have no reference.
ever try googling a topic? you guys have these high priced computers but are afraid to use them. what's more reliable word of mouth or the actual regulation? when you supervisorgive you a task to perform do you quit at the first rejection or use every resource available? this site has a bunch of lazy ncos
 
Posts: 30 | Location: metro atl. | Registered: 11 August 2012Reply With QuoteReport This Post



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retiredmsg, you're new here so I'll give you a pass.

1. You do not know what research I did.
2. This does not address the initial question
3. Despite knowing an official resource, you provided none, just before criticizing me for providing none.
4. My unofficial source actually offered a better explanation than DFAS.
5. In the absence of an official publication saying a program exists, it is more accurate to deny official knowledge rather than claim the program does not exist.
6. This question is a pretty low priority compared to some of the questions we address.
7. There are soldiers who enlisted and since retired since you retired. Could it be that your perspective is off?
8. This thread is over 6 months old.
9. Please review the forum etiquette link below, and welcome to ArmyStudyGuide.com


This is a ten level task
 
Posts: 2870 | Registered: 15 February 2004Reply With QuoteReport This Post

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@ retiredmsg,

I find this forum helpful and intuitive, even if all the information isn't quite correct all the time. It is a good place to sound out theories and talk to a lot of SMEs in different areas. I enjoy it.

Perhaps someone who spent all his money on a high priced computer to anonymously criticize other people should have have saved some money for english grammar and typing classes... but there are some lazy computer users out there.
 
Posts: 259 | Registered: 23 December 2009Reply With QuoteReport This Post

posted Hide Post
quote:
Originally posted by Dar:
@ retiredmsg,

I find this forum helpful and intuitive, even if all the information isn't quite correct all the time. It is a good place to sound out theories and talk to a lot of SMEs in different areas. I enjoy it.

Perhaps someone who spent all his money on a high priced computer to anonymously criticize other people should have have saved some money for english grammar and typing classes... but there are some lazy computer users out there.


jajajaja...finally somebody shut this guy down...instead of giving people helpful advice, he has done nothing but criticize every topic open for discussion...
 
Posts: 68 | Registered: 04 June 2009Reply With QuoteReport This Post



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I know I'm breaking my own guidelines by resurrecting this thread, but I have new insight having recently completed a RSO course (still new to the subject; don't expect too much from me)

Retired pay is considered divisible property. A court may award a portion of it to a former spouse.

If the couple was married at least 10 years while the member was in service, the awardee may submit the court order to DFAS and be paid directly from them. If the order is for a percent rather than a fixed amount, COLA will automatically apply.

There is no automatic entitlement, just convenient methods of payment.


This is a ten level task
 
Posts: 2870 | Registered: 15 February 2004Reply With QuoteReport This Post

Picture of TheWiseChief
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The law falls under USFSPA (The Uniformed Services Former Spouse Protection Act) which a spouse that has been married to a servicemember for at least 10 years while the SM was in the service. There are also 20/20/20 or 20/20/15 rules that are applicable. And this falls under the state (in which you were married) to decide.

http://www.divorcenet.com/stat...divorce_and_pensions

quote:
Is the Former Spouse Entitled to a Portion of the Military Spouse’s Pension?

Yes. The Uniformed Services Former Spouse Protection Act (USFSPA) permits state courts to apply the family law principles of their particular state when deciding how to divide military pensions in divorce. Click here for the full text of the USFSPA. Under the USFSPA, state divorce courts can award a military pension to the service member or divide it between the spouses. If the pension is awarded entirely to the service member, courts may compensate the spouse for his or her share of the military pension from other marital assets.

How Does the Former Spouse Receive a Share of the Military Pension?
Ask about the pension

If you’re the spouse of a service member and you’re considering a divorce, you need to understand that you should address the military pension during the divorce proceeding – not once it’s over. This is true even if retirement seems like a long way off. Ultimately, if you want to receive some portion of your spouse’s retired pay, you should get a court order that divides the military pension.



http://www.military-divorce-gu...0/20/15-benefits.htm

Militarytimes is notorious on this topic.

http://forums.militarytimes.co...ion-Act-%28USFSPA%29

SBP (survivor benefit plan) is a program that a retiree can place a portion of his retirement into an account and when he dies; the surviving spouse can receive up to 55 percent of his pension.

So if my monthly pension is $4000.00 a month when I die; my spouse will then receive $2200.00 (55% of $4000) a month until she passes (based on the contribution payments)

So to address the OP's old question; that will be really the only time that a spouse will receive a "pension" from the government due to their spouse's government career.

http://www.military.com/benefi...-plan-explained.html

This message has been edited. Last edited by: TheWiseChief,
 
Posts: 1902 | Registered: 04 February 2012Reply With QuoteReport This Post
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