Do I lose my ex-husband's military retirement if I remarry?

Generally, remarriage does not make you lose your share of your ex-husband's military pension because it's treated as marital property, not alimony, but other benefits like Tricare and commissary access usually end; however, specific divorce decree language and rules for Survivor Benefit Plan (SBP) are crucial, so checking your divorce order and consulting a lawyer is essential.
Takedown request View complete answer on justanswer.com

How long does my ex-wife get half of my military retirement?

Your ex-wife gets half your military retirement for the rest of her life, provided specific conditions are met in your divorce decree and the "10/10 Rule" (10 years of marriage overlapping 10 years of service) is satisfied for direct payments, or even if not, your state divorce court still awarded it as property, but the duration depends on the court order, often forever unless she remarries (for benefits like Tricare) or the decree specifies an end date, though the retirement pay itself usually lasts her lifetime if the order is properly written.
Takedown request View complete answer on dfas.mil

Is my ex-wife entitled to my military pension if she remarries?

Is my ex-wife entitled to my military pension if she remarries? Remarriage can make a major difference. It will often prevent your ex from making a claim against your military pension or other assets.
Takedown request View complete answer on military-lawyer.co.uk

Will I still get my ex-husband's pension if I remarry?

Pension monies are part of equitable distribution (the division of the assets and debts of the marriage), and have nothing to do with your getting remarried. Alimony, however, is different. If you are receiving alimony, and you remarry, alimony immediately ceases.
Takedown request View complete answer on avvo.com

Will I lose my TRICARE benefits if I remarry?

Yes, remarriage would terminate your Tricare rights, regardless of when the remarriage occurs. Additionally, the ID card rights would be forfeited due to remarriage, unless you are a retiree yourself or marry a retiree, which would then make you a dependent again.
Takedown request View complete answer on justanswer.com

Can I Remarry on Social Security?

Will I lose my husband's military retirement if I remarry?

Unless court ordered, remarriage of a former spouse will not stop the direct payment of retired pay as property.
Takedown request View complete answer on soldierforlife.army.mil

Can an ex-spouse keep TRICARE after divorce?

To qualify for TRICARE as a former spouse, you'll need to present your marriage certificate and divorce decree, along with a Statement of Service or DD Form 214, to prove your ex's military service. However, even if you initially qualify for TRICARE, you will lose these benefits if you remarry.
Takedown request View complete answer on newbeginningsfamilylaw.com

What is the 5 year remarry rule?

Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.
Takedown request View complete answer on psbplaw.com

Is an ex-wife entitled to her ex-husband's pension?

Remember that your former spouse's retirement accounts are also marital assets if they earned them during the marriage. So, if they have an Individual Retirement Account (IRA), 401(k), or pension plan of their own, you have a right to claim a part of their retirement plan in your divorce.
Takedown request View complete answer on superlawyers.com

What benefits do I lose if I remarry?

If you're receiving spousal benefits based on your former spouse's work record, those benefits will generally end upon your getting remarried, but you may be able to receive benefits based on your new spouse's work record, or on your own.
Takedown request View complete answer on militarybenefit.org

What is the remarriage trap?

If you remarry before you have secured a court-approved financial settlement, or at least issued a financial application, you may unwittingly shut the door on important claims that could otherwise have provided long-term security. This is what lawyers refer to as the “remarriage trap.”
Takedown request View complete answer on buckles-law.co.uk

Does a spouse lose VA benefits if she remarries?

Therefore, a surviving spouse who remarries is no longer eligible to receive VA benefits. Exceptions: ​ If a surviving spouse remarries after age 55, he/she may retain eligibility for certain VA benefits under Public Law (PL) 107-330.
Takedown request View complete answer on benefits.va.gov

Do I lose my late husband's pension if I remarry?

You'll get any State Pension based on your husband, wife or civil partner's National Insurance contribution when you claim your own pension. You will not get it if you remarry or form a new civil partnership before you reach State Pension age.
Takedown request View complete answer on gov.uk

Does a 2nd wife get military retirement?

A new spouse becomes an eligible beneficiary on the first anniversary of marriage or the birth of a child of the marriage, if earlier. As an exception, a spouse divorced from a retiree who later remarries that retiree becomes an eligible beneficiary immediately upon remarriage if the member: Retired after Sept.
Takedown request View complete answer on jbsa.mil

Will I lose my ex-husband's military retirement if he dies?

The Uniform Services Former Spouses Protection Act (USFSPA) is a federal law that specifies that military pensions are marital property and therefore divisible in a divorce. As with anything in a legal settlement, everything is negotiable, but the federal law has a formula/calculation to use as a starting point.
Takedown request View complete answer on reddit.com

What money can't be touched in a divorce?

Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
 
Takedown request View complete answer on drurypullenlaw.com

What is the biggest mistake during a divorce?

The biggest mistake during a divorce often involves letting emotions like anger drive decisions, leading to costly legal battles and damaged co-parenting, or failing to fully understand and organize finances, jeopardizing long-term stability. Other major errors include poor communication with children, neglecting legal counsel, and making impulsive financial moves or social media posts that can be used against you.
Takedown request View complete answer on mtlawoffice.com

Is my ex-wife entitled to my pension if I remarry?

A former spouse is entitled to claim against your pension at any point up until they remarry unless a court has approved a financial order to end your financial ties. Your ex-spouse can claim your pension after your divorce if there is no legally binding financial agreement in place that has been sealed by the court.
Takedown request View complete answer on divorce-online.co.uk

Does my ex-wife still get half of my retirement if she remarries?

If you remarry after age 60 you can still receive survivor benefits based on your former spouse's record. But if your new spouse is also collecting Social Security benefits, and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.
Takedown request View complete answer on elderlawanswers.com

What is the 7 year marriage law?

The term “7-year itch” refers to a popular belief that marital happiness declines around the seventh year of marriage, often leading to increased dissatisfaction or even divorce.
Takedown request View complete answer on talktoangel.com

Do you have to wait the 5 years if you've been married and divorced before applying for citizenship?

To receive the shorter residency requirement, you must be able to prove that you were married in good faith to a U.S. citizen or permanent resident for at least 3 years. If you get divorced before then, you will have to wait 5 years to apply for U.S. citizenship.
Takedown request View complete answer on peoples-law.org

Can my ex-wife claim my military pension years after divorce?

Are former spouses of military retirees automatically entitled to a portion of the retirees' retired pay? No, there is no Federal law that automatically entitles a former spouse to a portion of a member's military retired pay.
Takedown request View complete answer on dfas.mil

Will I lose TRICARE if I remarry?

You can lose your TRICARE eligibility under either scenario if you: Remarry, even if the remarriage ends in death or divorce (unless you gain eligibility under your new spouse) Purchase and are covered by an employer-sponsored health plan.
Takedown request View complete answer on tricare.mil

Can the ex-wife of a veteran get benefits?

If a former spouse divorces a member of the military who performed at least 20 years of service after at least 20 years of marriage and there was at least a 20-year overlap between the marriage and eligible service, then the former spouse may retain their full military benefits.
Takedown request View complete answer on agingcare.com

Want to ask your own question?

It takes just 2 minutes to sign up (and it's free!). Just click the sign up button to choose a username and then you can get expert answers for your own question.