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Military Remarriage Law Questions

Military remarriage laws can be confusing for people who have never had to deal with military benefits and the changes that occur upon remarriage. Many people ask the military Experts for the answers to the tough questions regarding remarriage law. The Experts can answer any questions that you may have regarding military remarriage and remarriage law. Below are five of the top military remarriage law questions answered by the Experts.

If the widow of a veteran remarries, will she lose her benefits?

You will lose benefits like PX privileges and commissary. You will also lose your Tricare medical benefits. You should turn your military ID card over to Defense Enrollment Eligibility Reporting System and notify the Veteran Affairs of your name change and address. You will be allowed to apply for Civilian Health And Medical Program of the Veteran Affairs. In the event that you were to remarry a retired military member, you would be issued a Military ID card, if you are eligible and the card would be based off of the member's service in the military.

If a divorced spouse gets remarried, is he still entitled to half of your retirement pay?

In order to stop the ex-spouse from receiving the 50% of your retirement, there would have to be a stipulation in your divorce decree which states that the retirement pay to your spouse would cease upon their remarriage. Without that stipulation, the pay would continue if they remarry. However, you could try to encourage the court to reopen you divorce case and modify the divorce decree, however this is highly unlikely to happen.

If a former spouse remarries, are they still entitled to half of their ex-spouses retirement pay under the 10/10 guidelines? Do the payments just stop?

Generally, this determination is based on your divorce decree. If the decree states that the retirement benefits are affected by remarriage, the payments wouldn't automatically stop. You can take the issue to court and request a modification in the amount of retirement that is paid out due to the remarriage. Due to retirement benefits being considered a dividable asset, regardless of a remarriage, the entitlements usually don't end. To learn more, take a look at this website: http://www.dfas.mil/militarypay/garnishment/fsfact.html

Is there a new law that states a spouse of a deceased military member can still receive benefits if they remarry?

If you were married to your spouse for 20 years in which they served in active duty, you will qualify as a 20/20 spouse. Pursuant to 10 U.S. Code 1072(2)(F) , a former spouse of a service member is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc. Former spouses who meet these criteria are covered:

Married to the service member at least 20 years, The service member had at least 20 years of creditable service, and There were at least a 20-year overlap between the marriage and the military service.

If you remarry, you will lose your benefits, however, you will continue to receive your portion of the deceased member's retirement benefits. To learn more about this law, read section (f) http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00001072----000-.html

Does new spouses have to be married to a military serviceman at the time of retirement in order to receive benefits? The ex-spouse is listed as the new husband's beneficiary.

It isn't a requirement for you to be married to the service man at the time of retirement in order to qualify for SBP, however, there can be only one beneficiary named. If the ex-spouse was listed as the beneficiary per court order, her name will remain. If the ex-spouse was to die before you or your spouse, you can then be listed as his beneficiary.

If you are receiving military benefit from a former spouse, you may want to know your rights before remarrying. Many people are unaware that they will lose their military benefits if they choose to remarry at a certain age. If you have questions about military remarriage or remarriage law, you can ask the Experts. The Experts can answer any questions regarding remarriage law in an efficient and knowledgeable manner.
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