Thank you...and I agree...this site is screwed up!
Seriously...they are working on it now...it is undergoing a "transformation"...they plan to "relaunch" as "pearl.com" tomorrow...so it is a bit confusing today.
I am sorry for that.
On to your questions...
But first some background....I wanted to know history (of marriage and service) since that ties to what the court CAN award her and what else she may rate as benefits.
Since she was not married for all 20 of your service years, she will not get TRICARE
insurance...not for life...She will get one year transition tricare...but that is it
Now...what can the court do?
I theory the COULD go back to your military retirement and give her part of it. That is possible under the FSPA (Former Spouse Protection Act).
This federal law allows the state divorce court to "divide" military retired pay (prior to the FSPA this was not possible at all). The FSPA permits, but does not require, a state court to award a share of retired pay. Its something that divorce courts had been doing for years with other pensions...the FSPA made it possible to treat a military pension the same as any other pension.
The court typically will award a portion of the retired pay based on the number of years of marriage during which the retired pay was earned, divided by the total years of service. If the spouses were married for at least ten years while the member was on active duty, the non-military spouse will qualify for direct enforcement, which means that his or her portion of the retired pay will be paid to him or her directly by the military finance office.
Since this second marriage did not overlap your active service, I would NOT expect the court to award a part of your pension...but I would not rule it out either...that leads to my next points
A divorce can be either contested or uncontested
Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)
Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.
So if you can not agree, and particularly if she has a lawyer, you need one two, one who understands the FSPA (to protect your pension)
Now...your specific questions
1. Is she now entitled to the same money as she was getting from our previous divorce action?
No...not necessarily...the court is required to consider the information from your current marriage...so it could be she gets nothing more...it could be the court awards he something different...it all depends on the evidence you submit to the court (hence the need for a lawyer if you can not agree)
2. Since I am now completely disabled by the Social Security Administration and also have had my Military disability raised from 10 percent of my retired pay to 20 per cent and will probably get more from my request for that to be raised further, can I keep some of the money from her since I cannot longer work?
Yes. Again the need for a lawyer who understand the FSPA is key here, to help keep her OUT of your military pension.
3. Would a new divorce agreement override our original divorce?
No...it will not, at least not necessarily. But the court CAN consider it and will take it into consideration for this new decree.
If you would like any additional information or have more questions please don’t hesitate to ask!
Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the CONTINUE CONVERSATION blue link with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.