I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Quite simply, the marital settlement agreement (MSA) that you provided facts for is a contract that is fully enforceable and non-modifiable as soon as the court issues the divorce decree.
The MSA is not effect by the remarriage of either party unless the terms of the MSA specifically hold such. So remarriage by the ex-husband would have no legal effect on the MS ordered by the court.
Yes, he still has to give 50% to his ex---in accordance with the order of the court---ordering the MS provisions as part of the decree.
Presuming that the $10,000 per month retirement income is still even payable after the death of the worker, the ex-wife is still entitled to her half. Many retirement pensions end at the death of the worker. However, in neither case would the new wife get the 50% of the $10,000.
Where or when the second marriage takes place means nothing as regards ***** ***** of the ex-wife.
The new wife would have a community property claim against the community property of the marriage, regardless of the fact that the husband dies with a will giving everything to the children.
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I wish you and yours the best in 2016,