I've been dating a women for about 5 years. We have been talking about possibly getting married but can't find the answer to this.
She was married to her ex for 17 years while he was on active duty. He retired E8 and they stayed married for 5-6 years after retirement.
Long story short, he started doing drugs and was physically abusive and she divorced him finally. (i've seen the pics and police reports)
She was awarded 50% of his retirement as community property in the divorce (not alimony), and is paid directly by DFAS.
If she remarries, does she lose that check?
Does former spouse lose her chunk of retirement if she remarries?
byu/older_dude85 inMilitaryFinance
Posted by older_dude85
2 Comments
It is completely dependent on their divorce decree.
There is no automatic eligibility to a service member’s retirement its all based on the divorce decree and state law. The 10 year myth comes from Dfas paying a spouse directly which does require a 10 year marriage.
[Dfas even has a page on it. ](https://www.dfas.mil/Garnishment/usfspa/legal/)
My ex tried to get me to give up the 50% retirement pay but I refused. When the judge saw in the paperwork that I’d lose it if I got remarried. She decided that wasn’t fair and wrote it up that I still get it. You need to make sure the divorce decree states that. As it was he retired and hid it from me for two years. I contacted a JAG officer who directed me how to get it set up.