Do I lose my ex-spouses retirement if I re-marry?

UPDATED: Oct 1, 2022

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Do I lose my ex-spouses retirement if I re-marry?

It is military retirement and I receive 25 %of his retirement. I have contacted

DFAS military finance and was told no that the retirement income would not be

affected, at least, through them. Can my ex-husband take me back to court Colorado is where we were divorced to take away this retirement money or is the court order final?

Asked on August 2, 2018 under Family Law, Mississippi


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer is "generally no."  If you receive 25% of your ex-husband retirement as a result of a final decree of divorce, then you were awarded this percentage as part of a property division.  That cannot be changed at a later date because it was property or an asset awarded to you.  There are, however, some exceptions.  For example, if your divorce decree specifically provided that the 25% would terminate upon certain conditions (like remarriage).  This does not usually happen.  However, to be sure that some odd exception does not apply to your case, I suggest that you take your divorce decree to a family law attorney, allow them to review it, and then they can officially tell you the effect that remarriage will or will not have on your benefits.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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