Does my ex get part of my military retirement if she’s remarried?

Question: I have been divorced for about nine years now and my ex is remarried. Does she still get part of my military retirement when I retire even though she’s remarried?

Also, my son turns 18 in March but he will be in high school until May and the child support in the divorce says minor child. So when do I stop paying child support? Once he turns 18?

 

Answer:

First, I must preface that I do not practice in Alabama.  Each state has different laws governing division of property and child support.  Because I do not know the laws of your state, you should contact a domestic litigation attorney regarding your case.

The first thing you need to do is review your divorce decree for provisions governing this situation.  Was she awarded half of your military retirement as a division of property?  If so, it generally does not matter unless there was a provision to the contrary.  Remarriage would affect any maintenance payments and her ability to obtain social security benefits off your earning record.

In most states, support continues until the child turns 18 or 19, so long as he or she is pursuing a high school diploma.  You should refer to your divorce decree for this provision.  In addition to your divorce decree, there may be a state law which requires you to pay until the child graduates high school.

When you meet with an attorney regarding your support obligations and retirement account division, you should be sure to bring your divorce decree with you.

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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One comment on “Does my ex get part of my military retirement if she’s remarried?

    I’m a retired 100% disabled soldier, who retired in 1990 and found out I was divorced when I came home. I remarried in Aug 2004 and was awarded 100 % disability in Sept 2004. We went to court in CA. and bottom line was try to collect, but he collecting disability, which is off-limits. She transferred the case to NM in 2010, which is where I lived since 1996. I was told by the court someone going to pay, myself, my current wife, or go to jail. So, I have been paying $700.00 a month to my ex and they declared it non-taxable. Basically, my question is my current spouse responsible for this or not ?

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