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Your lawyer will need to understand the United State Former Military Spouse Act with its nuances and implications, as well as how the Act is implemented in California. Although a California court may order that a divorcing spouse is entitled to the proceeds of a Survivor Benefit Plan, unless the military member has retired following 20 years of service, the benefits will not be paid to a former spouse upon his or her death.

Military Divorce - FindLaw

Furthermore, if the service member has been married more than once during the term of service, only one former spouse will be entitled to survivor benefits. Other regulations apply to these survivor benefits as well, so it is important that your attorney understands these. As you can see, there are many considerations in a military divorce that simply do not apply in a civilian one. If you are a member of the military stationed in the San Diego area and are facing a divorce, choose a law firm that handles these complicated cases regularly.

You will find the expertise you need at the Boyd Law Firm, where our skilled and compassionate San Diego based family law attorneys understand the differences and similarities between civilian and military divorce and are able to guide you through the military divorce process in the most efficient and stress-free manner possible. Be prepared to provide documents that establish your right to the benefit.

You'll likely be asked for your birth certificate, marriage license and divorce decree. Plus you'll need your ex-spouse's Social Security number. If you don't know it, you'll be asked for his date and place of birth and the names of his parents, information which will allow Social Security to look the number up.

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Serving Divorce Papers to an Active Military Spouse

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Share with linkedin. Share using email. Istock If you're divorced, you may still qualify for Social Security benefits from your former spouse. Q: My former spouse is still living.

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What are the basics for that set of rules? A: Basically, you can receive benefits based on your ex-spouse's work record if: Your marriage lasted 10 years or longer You are currently unmarried You're 62 or older Any retirement benefit that you're entitled to receive based on your own work record must be lower than the benefit you'd receive from your ex-spouse's record.

Also, it doesn't matter if your ex-spouse has remarried. Q: So how much are the benefits? Q: Suppose my ex-spouse has already died?

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How would it work then? A: You would have to meet these conditions: You are 60 or older, or 50 if you're disabled Your marriage lasted at least 10 years Your own retirement benefit would not be higher than what you could claim on your ex-spouse's record And there's a special twist concerning your marital status.

If you remarry before age 60 or 50 if you're disabled , you can't receive such a benefit.


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Q: So, what do I have to do to actually collect an ex-spouse's benefit? If your ex-spouse is younger than you, you can collect your own benefit when you become eligible to do so and then switch to collecting on theirs once they become eligible. If your ex-spouse has died, you may collect Social Security survivors benefits, which follow different rules than those for a living ex-spouse.

You can apply for benefits as early as age If you are disabled and your ex-spouse has died, you can begin receiving survivors benefits if you're between the ages of 50 and 59 and your disability started before or within seven years of your ex's death.

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Military Benefits After Divorce

In this instance, claiming benefits for your child would reduce the benefits of other people who could receive them based on a relationship with your ex. The percentage of your deceased ex-spouse's benefit amount you would receive depends on your age and life circumstances:.

Divorce: Military Divorce- Griffith Law

The Balance uses cookies to provide you with a great user experience. By using The Balance, you accept our. Before Retirement Social Security. By Dana Anspach. If you are caring for your ex-spouse's child who is disabled or under the age of 16, you would receive 75 percent regardless of your age.