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LawHelpNow, Attorney/Lawyer
Category: Military Law
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I am a former military spouse who was awarded a portion of

Customer Question

I am a former military spouse who was awarded a portion of my ex husband's military retirement pay as part of the property settlement. Are there restrictions on when/if I can re-marry and not lose these benefits?
Submitted: 1 year ago.
Category: Military Law
Expert:  LawHelpNow replied 1 year ago.
Hello,
My name isXXXXX'm a licensed attorney. Glad to try and help out.
Here's how this works. I'm pleased to share some good news with, as follows. There are no such restrictions, meaning remarriage will have zero adverse impact of your receiving a portion of your former spouse's military retirement pay. None at all.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.
Customer: replied 1 year ago.

For some reason, I remember reading somewhere or being told by a military lawyer that I couldn't remarry until I reached the age of 55. Was that a restriction in the past?

Expert:  LawHelpNow replied 1 year ago.
Hello again,
Thanks for writing back...great to hear from you!
Sure, logical question, and I'm glad to expound. No, this is not currently, and has never been, a restriction applicable to military retirement pay. However, it does come up at times pertaining to the Survivor Benefit Plan. If your former spouse had made such an election in your favor, then yes your SBP would be suspended upon remarriage prior to attaining the age of 55. But, as to military retirement pay, what I stated initially is correct, I'm glad to say.

Hope that helps some more. By the way, if you are planning to marry, I wish both of you every happiness!


Kind regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Military Law
Satisfied Customers: 7592
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 4 other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

The military qualifying order issued pursuant to our divorce decree did order my ex-husband to elect SBP and my monthly retirement benefits were reduced so that I will be paying for the cost, not him. He didn't make this election prior to our divorce. So, does the restriction apply to my Survivor Benefits, even though I will be paying the premiums out of my monthly retirement benefits?


 


I should have asked this additional question before I rated... Please do not reply I it will cause me to incur additional charges.


 


Thank You

Expert:  LawHelpNow replied 1 year ago.
Hello again,

You are most welcome..my pleasure entirely!
Thank you so much for the kindness of your favorable rating.
It makes my day to know that my answer has been helpful to you.
I'm very happy to answer your further question with no additional charge whatsoever.
To read the actual statutory text (good bedtime reading!) please just click here:
10 U.S.C. § 1450
Actually, it's not that lengthy (compared to some provisions, at least).
Now, here's the bad news. The arrangement you've described is quite common. However, nothing in federal law formally recognizes it. For a rough analogy, consider that very commonly a State Court, in a Final Divorce Decree, will divide assets and debts, including deeming one spouse entirely liable for a given debt (say a credit card). However, the creditors are not bound thereby and will continue collection efforts even against that spouse as long as they are/were an account holder.
This information sheet probably does a better job of explaining it:
Former-Spouse SBP Coverage
Hope all goes smoothly...have a great weekend!
Best regards,

Ben, J.D.
Expert:  LawHelpNow replied 1 year ago.
Hello,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

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