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Hi My husband retired from the Nv ANG with 33 years as an E9. When he and his first wife

Hi My husband retired from the...
Hi
My husband retired from the Nv ANG with 33 years as an E9. When he and his first wife divorced they had been married 20+ years and he was an E7. Within a couple of years she remarried. We have received a letter from her attorney in CA. Cleve turned 60 in Aug and has started getting his retirement...she wants half! Since she remarried is he still required to pay? Would it be a portion of the points he had as an E7 ?? Or none at all since she remarried?
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Answered in 5 minutes by:
12/12/2014
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,662
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Ma'am can you tell me did the divorce court order he pay a portion of his pension to her as part of the decree of divorce ?
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Customer reply replied 3 years ago

In the decree they call it the International guard

Thank you. Ma'am I am sorry to be the one to have to bear bad news. What you describe, the court gave his ex-wife a portion of his pension. This is permitted under the former spouse protection act. However, the division is considered property. So the remarriage of his ex-wife will not be grounds to stop the payment. In other words, the fact she married again is not a reason to stop paying her.
Again I am sorry to be the one to bear bad news. Please let me know if you have more questions.
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Customer reply replied 3 years ago

Would hers be a portion at the E7 rank when the divorce was final or the E9 retirement rank?

The final rank ma'am unless the decree provides otherwise. The former spouse protection act is based on final pay.
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,662
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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