If I’ve been divorced for 16 years and my divorce decree stated my ex-wife would get half of my retirement for 5 years, since she has remarried is she still entitled to my half?

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If I’ve been divorced for 16 years and my divorce decree stated my ex-wife would get half of my retirement for 5 years, since she has remarried is she still entitled to my half?

I have not received my retirement yet I’m thinking about getting it within next couple months

Asked on September 14, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

The award of a portionof the retirement to your ex- was not alimony or marital support-- it was a division of property or an asset.  As such, it does not end on remarriage.  Once you start drawing any portion of your retirement, then she will be entitled to the portion that she was awarded in the decree.


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