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  #1  
Old 05-10-2004, 09:18 AM
aliceanderson
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military divorce


What is the name of your state? Florida
I was married for 24 years during the time I was in the military. We divorced 2 years ago and she receives 1/2 my retirement. She was remarried last week and I am wondering if she is still entitled to receive 1/2 my retirement after she remarries.
  #2  
Old 05-10-2004, 09:24 AM
krispenstpeter
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And how do you expect us to answer this question when we have no idea if the payments are for court ordered alimony or child support and if for alimony, how long and under what conditions?
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Old 05-10-2004, 10:12 AM
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If she is receiving your retirement pay as a division of property, she will still receive it after her remarriage unless your divorce decree specifies otherwise.
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Old 05-10-2004, 11:15 PM
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Quote:
Originally Posted by IrishLady47
If she is receiving your retirement pay as a division of property, she will still receive it after her remarriage unless your divorce decree specifies otherwise.
But if she was not receiving it due to court orders, then she was no longer entitled to it when she remarried.
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  #5  
Old 05-10-2004, 11:51 PM
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What?? She was either receiving 1/2 his military retirement for child support, alimony or as a division of property, depending upon the divorce decree. Or, he was paying it voluntarily and can stop it whenever he likes. Child support will not stop until the children are adults. If he was paying CS voluntarily and stops, she will have no problem getting a court order. Alimony usually stops upon remarriage. If she is receiving direct payment from DFAS (which she can if court ordered & married for 10 years while he was on active duty), he needs to send a court order and/or marriage certificate to stop an involuntary allotment for alimony. If his retired pay was awarded as a division of property, it will not stop upon her remarriage UNLESS specified in the court order. Again, he needs to provide the court order and marriage certificate IF that was the case. Otherwise, she will receive the % of retired pay awarded her as a property settlement until the day she or he dies, no matter how many times she remarries. It depends upon the divorce decree. For more information, look up the Uniformed Services Former Spouse Protection Act.
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