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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19768
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I was married 20 years to a military soldier. I divorced and

Customer Question

I was married for over 20 years to a military soldier. I divorced and receive half his retirement pay. He remarried and now I want to remarry. Do I lose my pension, insurance and benefits if I remarry? This question is not addressed in the divorce settlement. I live in Florida.
Submitted: 10 months ago.
Category: Military Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question. Your right to receive payments that were awarded to you as part of a property settlement, which is what USFSPA covers, does not change upon remarriage. In other words, this is not considered alimony, which could be taken away upon remarriage, it is a division of marital property and cannot be stopped. However, your rights to medical coverage under TRICARE and commissary and exchange privileges (assuming that you are a 20/20/20 spouse and have those privileges) do end upon remarriage. If the marriage ends, medical cannot be reinstated, but commissary and exchange privileges can.

You can find more information about both the retired pay issue and the benefits issue at the following links:

http://www.dfas.mil/garnishment/usfspa/legal.html

http://www.militaryfamily.org/info-resources/marriagedivorce/benefits.html

Please feel free to ask for clarification after you have read the information at the links. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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