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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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How can I stop my Ex-wife, from collecting half of my Retirement

Resolved Question:

How can I stop my Ex-wife, from collecting half of my Retirement Pension ? She is living with my Ex-Supervisor, who is a retired Chief. And I believe they are married.
Submitted: 7 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 7 years ago.
Unless the divorce decree stated that she would lose her entitlement to the retirement if she remarried, there is no grounds here for the payments to stop.

The military does not control who gets the payment here. It is the state court that makes that determination, based on numerous factors. In some cases, they can make the receipt of the payments contigeny upon her not being married....but they don't have to.

The military court of appeals can't help at all, as the military courts didn't issue your divroce decree. Your only recourse is to try to reopen your civilian divorce.
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