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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19168
Experience:  Lawyer and current JAG officer.
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I retired in 1994 I have been paint my ex spouse than I was

Customer Question

I retired in 1994 I have been paint my ex spouse for longer than I was in the military. Is there any way to stop giving her half of my retirement? She is married to a retired Captain.
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, the division of retirement is intended to be permanent. If the court takes into consideration the length of the marriage, in relation to the military service, the court can choose to limit the percentage. The court can even, in its decree, limit the number of years the division is to take place. However, if the court doesn't choose to do that, then nothing about the number of years of your military service would automatically establish a right to have her stop receiving that percentage.

Likewise, nothing about her now being married to another retired military member establishes any sort of automatic legal right to discontinue the payments, unless the divorce decree specifically states that remarriage has some effect.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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