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My husband was divorced in 2002. His ex-wife receives half…

Customer Question
My husband was divorced...

My husband was divorced in 2002. His ex-wife receives half of his military pension pay for the rest of her life which was stated in the divorce decree. She has remarried is there any recourse that can be taken to reverse since she is remarried?

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No have not. I just didn't know if it is stated in my decree that she will receive half of my pension until I pass if there was anything that could be done or if there is a time limit to do something about it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is it. Thank you.

Submitted: 4 months ago.Category: Military Law
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Answered in 21 minutes by:
3/14/2018
Military Lawyer: Sean K, Lawyer replied 4 months ago
Sean K
Sean K, Lawyer
Category: Military Law
Satisfied Customers: 869
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Can you let me know in which state the decree/order of divorce was entered?

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Customer reply replied 4 months ago
Tx
Military Lawyer: Sean K, Lawyer replied 4 months ago

Thank you for getting that to me, I wanted to check to see if there was any particular as to the state that would impact the ongoing ability to address them.

In this case the avenue would be to look at the divorce decree and see if there was any termination language as to the receipt of the retirement funds. Not that there automatically would be, but sometimes as party of a decree such will be put in.

If there was not, the likely position is that they would continue until either she or your husband passed away. The theory behind this is when retirement benefits are divided, the Court/system looks at the entitlement to a percentage as marital property based on the duration of the divorce. As the retirement benefits are looked at as a property right in a marriage, they are treated differently than say, alimony, which may end when a spouse remarries. As the retirement benefits, in the case of a pension, are paid out as a series of reoccurring payments over time, as they are looked at as property interest satisfaction, absent a termination provision in the divorce decree, there is likely no recourse to stop the payments.

While it is my goal to provide customers an avenue to address a resolution to a problem, I also consider it a requirement to be complete as to the legal foundation of a situation so as not to have you engage in any activity that could potentially cause harm. Not that this would be a course of action, but some people in the situation of your husband have stopped the payments and as a result have found themselves back in Court.

One final thought that I have seen people do to end payments, is to negotiate a lump sum buyout of the claim and in that case the Court could issue an order ending the payments to the ex-wife.

I mention this as to provide some options for ending the payments.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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