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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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Is there a time limit on how long my ex spouse can receive

Customer Question

Is there a time limit on how long my ex spouse can receive retirement benefits from me if we were married for 16yrs while I was on active duty and now she is remarried to another military person?
Submitted: 7 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 7 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Nothing in military law creates a time limit, no. All the military law on this issue does is grant the state court the right to divide military retirement in the same way they have the right to divide civilian forms of retirement. It doesn't dictate percentages or time frames. So, the only way there would be a time limit in this situation is if the state court put a time limit in the divorce decree. They can do that, but it's not common. If your decree doesn't end the right after a certain period of time, then legally it is a permanent right. The fact that she is remarried to another military member is legally irrelevant. Nothing in military law disqualifies her based on that remarriage. Again, the only way this would have any effect is if the divorce decree expressly states that remarriage to a military member disqualifies her. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 7 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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