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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35002
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How long must I pay my ex-wife and how can I stop the deduction.

Customer Question

How long must I pay my ex-wife and how can I stop the deduction. We were married for 14 years of my career and she has been receiving payment for 15 years. I feel this is unjust and would like it to stop. She is remarried and our kids are adults
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry, can you explain which payment you referring to? Are these payments ordered by the divorce court?
Customer: replied 2 years ago.
It was awarded in divorce court in 1999
Expert:  P. Simmons replied 2 years ago.
Thank you. I am truly sorry to be the one to bear bad news. What you're describing is a division of property under the former spouse protection act. This is a federal law that allows the divorce court to divide the military pension as property. Because the pension is considered marital property, remarriage of the former spouse has no impact on their ability to receive this payment.
In other words, The fact that your ex remarried will have no impact on their ability to continue to receive this payment.
The payment will continue so long as you remain alive.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was someway to stop this , but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.