The VA:
The law for remarried spouses has changed numerous times. Prior to Nov. 1, 1990 a spouse divorced from a veteran and remarried could regain status as a surviving spouse if the second marriage ended in a divorce. The law on this changed from 1990 - 1998, the spouse during this time period could not regain benefits if he or she ended the remarriage through divorce.
In the summer of 1998 the law changed back to the pre November 1990 status in regards to DIC. Once again a spouse could regain their benefits by divorcing.
Annulment does restore your status as surviving spouse. This is true even after the Nov. 1, 1990 date.
Due to the changes in the law during the last decade it is strongly recommended that a spouse who has remarried and divorced, go to Regional Office or a Veterans Benefits Officer to clarify their exact benefit status.
DOD:
There are rules in the case of divorce, for military members these include:
It is foregone conclusion that after a certain period of marriage a court can award a portion of retirement pay after 10 years of marriage. The amount can vary from nothing to 65% dependent on children, the split of community property, debt, etc.
Without the veteran's consent, disability retirement cannot be sent to the spouse even if there is a court order that it must go.
The spouse may have medical benefits and commissary and exchange privileges based on:
The 20 20 20 rule.
20 Years of marriage Servicemember spent
20 years on active duty
20 years of marriage occurred while vet was on active duty
Remarriage ends these benefits, but death, divorce or annulment ending second marriage can lead to restoring BX and commissary privileges.
The spouse may have medical care for life after divorce based on the 20 20 15 rule:
20 years of marriage the vet spent 20 years on active duty.
Between 15 and 20 years of marriage occurred during the active duty period.
The final divorce decree was before April 1, 1985
Remarriage ends this benefit.
The spouse may get I year of medical care if they meet only some of the 20 20 15 provisions.
These rules are complicated, assistance is recommended.
There is a support group and information center for divorced military wives:
EX-PARTNERS OF SERVICEMEN/WOMEN
FOR EQUALITY (EX-POSE) PO Box 11191
Alexandria, VA 22312
(703) 941 5844
www.EX-POSE.org
Note: It would seem logical that a spouse who meets the 20 20 20 rule qualifications would be eligible for TRICARE for Life, however we could not clarify this point at the time of publication.
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