Legally Married, or Planning to Marry Soon? SLDN Can Help.
Last month, SLDN released its new Freedom to Serve Guide, which outlines the law for LGBT service members after the repeal of DADT takes place on September 20, 2011. The Guide covers a number of important topics, but one of the most interesting to me is how the military plans to handle benefits for same-sex legally married service members after repeal.
There are some benefits that the Department of Defense (DoD) and the military services can provide to same-sex spouses now, and some they can decide to provide to same-sex spouses at any time (but haven’t yet). But federal laws, particularly the Defense of Marriage Act (DOMA), prevent them from legally recognizing same-sex spouses. That means that same-sex spouses can’t get any of the benefits (or family support services) the military makes available to a “spouse.” This excludes same-sex spouses from some of the most important military benefits, including healthcare.
But it’s one thing to understand in the abstract that these benefits won’t be available; it’s quite another to face these challenges as a service member with a husband or wife. If you’re legally married or plan to get married soon and have questions about benefits (or any other issue), I encourage you to contact SLDN and speak with an attorney. We can answer your questions and help you gain access to benefits wherever possible. We’re a completely free, confidential legal resource that’s here to help.
If you’re married and serving we look forward to hearing from you.
08-23-11 By David McKean, SLDN Legal Director |
3 Comments
Comments for this entry are closed.moncler outlet on September 14, 2011 at 02.12 am
In such bitterly cold winter, nothing can make people more comfortable than wearing a suitable down moncler online jacket. If you still think only common people wear down jackets, you must be "out". Many superstars also wear down jackets.
Bob in San Francisco on August 24, 2011 at 01.33 pm
I’m not in the military, nor am I legally married. I am, however, both gay and a federal employee. One thing to note is that while you cannot designate your spouse to receive certain kinds of benefits such as health insurance or a survivor pension annuity, there are things you can do to provide for someone in the event of your death. Where a benefit doesn’t require that you be married to the person you designate, you can designate anyone to receive that benefit. This would include unpaid retirement contributions and remaining Thrift Savings Plan contributions. You can also designate your spouse or partner (or, indeed, anyone) as the beneficiary on federally-issued life insurance.
Jake Orlando in Long Beach, CA on August 23, 2011 at 06.07 pm
I don’t know what I’d do without SLDN.
You helped me survive when I was in the military. You helped me with my discharge, particularly with the self-incrimination thing. You helped me outside the military. You’re helping me get back in, and now you’re looking out for my husband and my son.
God bless you guys. One day when I’m rich and famous I’m going to make a huge donation.