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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20079
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I am a Federal Employee still currently working. My ex

Customer Question

I am a Federal Employee still currently working. My ex spouse was awarded a portion of my pension upon my retirement. My question is this. Since he has remarried (he's 45), is he still eligible to receive this?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you for your question. You have your question listed under Military Law, are you talking about military retirement or your future civil service retirement? Also, was this a part of the property settlement in your divorce and did the divorce address termination based on remarriage?
Customer: replied 1 year ago.
I work for the USPS. I'm under the FERS retirement plan. This was not Addressed in the divorce decree
Expert:  Marsha411JD replied 1 year ago.
I'm sorry, what was not addressed in the divorce decree? Remarriage?
Customer: replied 1 year ago.
I know that survivor anunity benefits are terminated when the ex Spouse Remarries. I'm was wondering if this also applied if he remarried as far as being able to collect a portion of my pension.
Expert:  Marsha411JD replied 1 year ago.

Thank you for that clarification. No, unfortunately the property settlement portion that applies to your pension proceeds is entirely controlled by the divorce decree. Survivor's Benefits have statutory restrictions and that is why remarriage is an issue there. However, unless the divorce decree states that his right to a portion of your pension ends on his remarriage, it will not. Although you could sit down with your divorce attorney and discuss the likelihood that a court will revisit this issue now and change the order, it would be unusual for a court to come back now and say remarriage ends his entitlement, since the original court didn't say it did. But again, you can always ask your attorney what a local judge might do.

Please let me know if you need any clarification.

Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.

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