Is she entitled to any of the vet's benefits?

[kap]

It's a loooong story but here is the gist of it: The husband was an Army veteran who has passed away two years ago. Wife and husband were separated but never officially divorced. Is she eligible for any type of survivor's benefits?

[Paul F.]

Gut feeling?
Yes... Not Divorced= Married.

The DOD/VA would know far better than I though.

[kap]

Paul F,
I am looking at the VA's website right now ...
I just can't believe that it had never come up until now. He was such an abusive husband to her and their children that when she moved out of his life and sight and learned to barely survive on her own, she had chosen to close that chapter of her life. However, now that she's in ill health, her children start thinking about how she deserves a better care in her late years.

[Racer X]

there is seperated, and there is a legal seperation, with papers filed with the court.

My gut says if there were papers filed, she is SOL.

[JJ]

Did he retire or did he separate from the Army? I am going to guess he separated because his wife would have ben required to sign a Survivor Benefit Plan (SBP) document before he retired.

How long were they married and how many of those years was he on active duty? Was he married to anyone else during the years he served on active duty?

What type of discharge did he receive? There are five types: honorable, general, other than honorable, bad conduct, and dishonorable.

The answers to the questions above will help her determine what, if any, benefits he was entitled to and therefore what she may be entitled to.

While you are on active duty, you are legally bound to support your family members even if you are separated. Until a divorce decree is issued which spells out the exact amounts to be paid for child support and any other payments, the military requires its members to support their dependents.

Since they never divorced, she is most likely entitled to some benefits.

JJ

[d0e]

she is and the kids if under 18 should be covered for health and college loans. took almost a year after my father passed before my mom started to receive a check. also if they are getting ss if his was more she would get that. best thing is for her to go in and get the paper work started asap.

[Bill in NC]

Social Security benefits for her and the kids under 18.

[kap]

Since the post, I have reading the info on the VA website here in CA. There are personal info needed for additional research and it will be up to her children to decide what steps they must take as the mother is not in the best of mental and physical state of mind. Thanks everyone for all helpful suggestions, esp. JJ.

[DCrunch]

Had he retired from the Army?

[kap]

[quote DCrunch]Had he retired from the Army?
Yes, a long time ago. He was not an active soldier.