How Do I Apply for My Ex-Husband’s Military Retirement?
When a military service member retires, their spouse and dependent children may be eligible to receive a portion of their retirement pay. However, the process of applying for this benefit can be complex and overwhelming, especially for those who are not familiar with the military’s rules and regulations. If you are the ex-spouse of a military retiree, you may be eligible to receive a portion of their retirement pay through a process called "military divorced spouse benefits."
Eligibility Criteria
To be eligible for military divorced spouse benefits, you must meet the following criteria:
- You must have been married to the military retiree for at least 10 years (not necessarily consecutively)
- You must have been married to the military retiree at the time of their retirement
- You must not have remarried
- You must be a U.S. citizen or a lawful permanent resident
Application Process
To apply for military divorced spouse benefits, you will need to follow these steps:
- Gather Required Documents:
- Your divorce decree or separation agreement
- Your ex-husband’s DD Form 214 (discharge paperwork)
- Your ex-husband’s retirement orders
- Proof of your citizenship or lawful permanent residency (if applicable)
- Fill Out the Application:
- Download and complete the Application for Dependency and Indemnity Compensation (VA Form 21-534) from the Department of Veterans Affairs (VA) website or obtain it from a local VA office
- Fill out the application and attach the required documents
- Submit the Application:
- Mail the completed application and supporting documents to the VA office that serves your area
- You can also submit the application online through the VA’s website
- Wait for Processing:
- The VA will review your application and verify the information you provided
- If your application is approved, you will receive a letter stating the amount of benefits you are eligible to receive
Types of Benefits
There are two types of military divorced spouse benefits:
- Military Survivor Benefit Plan (SBP): This is a monthly annuity that provides a portion of the military retiree’s retired pay to their surviving spouse. The amount of the annuity is based on the military retiree’s retired pay and the number of dependents.
- Dependent Indemnity Compensation (DIC): This is a tax-free monthly payment made to the surviving spouse of a deceased military retiree. The amount of the payment is based on the military retiree’s pay grade and the number of dependents.
Important Dates and Deadlines
- Filing Deadline: You must file your application for military divorced spouse benefits within one year of your ex-husband’s retirement
- Effective Date: The effective date of your benefits will be the date of your ex-husband’s retirement
Table: Military Divorced Spouse Benefits Comparison
| Benefit | SBP | DIC |
|---|---|---|
| Eligibility | Must be married to the military retiree at the time of their retirement | Must be the surviving spouse of a deceased military retiree |
| Amount | Based on the military retiree’s retired pay and the number of dependents | Based on the military retiree’s pay grade and the number of dependents |
| Taxable | Yes | No |
| Filing Deadline | Within one year of the military retiree’s retirement | Within one year of the military retiree’s death |
Conclusion
Applying for military divorced spouse benefits can be a complex and time-consuming process. However, by understanding the eligibility criteria, application process, and types of benefits available, you can increase your chances of successfully obtaining the benefits you are eligible for. Remember to gather all required documents, fill out the application accurately, and submit it on time to ensure a smooth and efficient processing of your claim.
