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

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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

Answers:

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

Answered 3 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.
 


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