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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118292
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My fiancé is entitled to a portion of her former husbands

Customer Question

My fiancé is entitled to a portion of her former husbands military retirement. If we marry, will she lose this?
Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, unless her court order says she loses it from remarriage, her share of the pension is a marital/community property asset, it is not spousal support. Spousal support stops upon remarriage, but entitlement to the pension continues as her community property share (she needs to read her judgment awarding her that carefully to make sure the court did not say it would terminate if she remarries, it shouldn't but you never know). The general rule is pension share is community property and she gets that regardless of remarriage or cohabitation, but spousal support terminates on remarriage or cohabitation.