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Susan54 Asked September 2015

Is a divorced spouse of a veteran eligible for benefits?

Veteran re-married but was married to first wife for 20+ years and has received no benefits from anyone. She is living in our home but will need further assistance in the future and will not have money to assist her without selling her house which is in great disrepair and refuses to sell. I am not a guardian only POA. What benefits are children of veteran entitled to? 

BethAnderson Sep 2015
@taheger... no, check out this link...
paycheck-chronicles.military/2015/09/14/understanding-the-202020-rule/

I have insurance until I am 65. I hope this information will help you.

laurabutler28 Sep 2015
Google TriCare Former Spouse or go here... http://www.tricare.mil/Plans/Eligibility/FormerSpouses.aspx

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sophiacharm Sep 2015
I was told when you divorce the "veteran" you divorce the benefits...:( My mother was married to this asshole for 50 years....

BethAnderson Sep 2015
I am a divorced wife of a Navy Captain...I have benefits through the 20/20 Rules. (We were married for 31 years and he served 28 years. )I have a military ID for discounts, travel benefits as well as Tri-Care for life. My local reserve center was a wealth of knowledge AND relief. I am not a "senior" yet....but these benefits will continue.

JLCampos Sep 2015
Obviously, you need to check things out with the VA Administration. Then find a Social work service that specializes with the care of elders.A great resource is your local council on aging. They receive federal funds to assist elders with all kinds of things like help with household repairs. It is dependent on income. Just know that there are resources out there who will help you with her care..

waddle1 Sep 2015
You haven't given us ages...while it doesn't look as though the previous spouse is eligible for VA benefits...social security could be an option. A divorsed spouse can
be eligible to receive SS benefits from the account of their previous husband/wife...whichever SS is greater. Can't draw from two accounts...only one...whichever is greater. The receiver must be at least 62.

soninlaw58 Sep 2015
Irishlass, did he ever receive any VA benefits? If he did and your mom hasn't re-married, then she should be able to draw some of what he was receiving.

SacFol Sep 2015
It is possible that she may be entitled to Social Security benefits if he was eligible for them. My mother was married to a vet, my father, Who divorced her and remarried. After he passed away I learned that my mother could apply for Social Security based on his earnings. She had to provide a copy of the marriage certificate, a copy of the divorce decree, and a copy of the death certificate. I believe they need to have been married for more than 10 years to be eligible. This is something worth looking into if he had eligibility for Social Security.

Irishlass Sep 2015
My mom is widowed and my dad served in the US Navy during the Korean Conflict. What if anything would my mom be entitled to and how to do apply for it for her?
Thanks

soninlaw58 Sep 2015
Did the veteran retire from the military or did he just do some time in and got out? Retired military has much better benefits than the ones who just did some time and got out.

If she has remarried since her divorce from the veteran, then no, she has no VA benefits. (my ex mother in law got bit by this one)

Labs4me Sep 2015
Almarch did you mean a DD214? That is what is used for a military discharge.

AlMarch Sep 2015
The children are only entitled to benefits IF the Veteran spouse was classified as a "Disabled" veteran, and get benefits for education only up to age 26. They can also get some healthcare insurance up to age 26, but it is 'at cost' which is still pricey. It does sound as though the spouse of this veteran had a bad divorce attorney. You can file at the time of the divorce, and get a percentage of the retirement pay as long as the Veteran is alive. The Veteran must apply before he/she retires to have his spouse's coverage continue after he/she passes away. I have not heard of being able to get this established after a divorce, you would need to see an attorney or VA counselor, and have the Veteran's relevant honorable discharge form (DD250) and any relevant former ID numbers at the very least as proof. If they say you can begin a case, just be prepared. The VA does not move quickly, even if they will honor this requests, getting any sort of post-discharge benefits takes time and paperwork. Patience and persistence help if they say they will take you case!

laurabutler28 Sep 2015
If the divorced spouse of 20 years has not re-married, he/she is covered by TriCare health insurance, which covers most health care costs.

Thegiver123 Sep 2015
No. I too have checked into this. If divorced, not eligible. So sorry to hear about your situation. If you have a Council on Aging in your area, they may be able to provide you with other resources to help. Good luck.

Harpcat Sep 2015
I should have stated that the health care benefits are immediate upon marriage and being in the DEERS system.

Harpcat Sep 2015
I am a spouse of retired military husband. We married after he was retired. Then he had to put me in the DEERS system so I get an ID and could become eligible for benefits, such as health insurance and spousal pension benefit upon his death. You have to be married 10 years and can not remarry or you lose it. It is the fully retired veteran who is responsible for putting the spouse in DEERS so she/he can receive benefits. The veteran can not get TRICARE health benefits, if they didn't stay in 20 years, back then. So it does depend, as I stated earlier, how long her husband was in the service and did he take a pension or not.

ferris1 Sep 2015
She should have received some type of divorce settlement for being married 20 yrs. The rule was (things might have changed), married 20 yrs., a veteran 20 yrs. and (I can't remember the other 20), and the divorced spouse cannot be remarried. She is entitled to commissary and Tricare (health benefits). Whoever was her divorce attorney did not do a good job of spelling out those financial arrangements. Children of veterans receive no benefits unless it is stated in the divorce agreement.

Decatur30033 Sep 2015
The benefit follows the veteran, in exceedingly rare cases only, could a divorced spouse have eligibility.

Harpcat Sep 2015
Your best resource would be to contact your local veteran's affairs board. They could guide you. You do not say if her spouse was retired from the military as that would possibly be a benefit if proper paperwork was filed during the marriage. This is a complicated question that should be asked of the VA.

CareyB Sep 2015
No. I've checked with VA for the same reason.

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