Even if your ex-spouse has remarried, they don’t necessarily forfeit their share of your military retirement benefits. Military retirement pay is generally considered a “division of marital assets,” and as such, the terms of the divorce decree govern its distribution. Therefore, a remarriage would not affect the prearranged division of these benefits.
However, there’s an important caveat. In the event of the former spouse’s passing, if they remarry before the age of 55, entitlement to these benefits would be forfeited. It’s also worth mentioning that the exact stipulations regarding these benefits might vary, and it is essential to review the specific terms laid out in your divorce agreement. That is why it is always important to consult with a legal expert to fully comprehend the potential implications in your specific circumstances. Contact Kendall Gkikas & Mitchell, LLP to schedule an initial consultation today.