Former Spouse Protection Act (civilian, how much, lawyer, military)
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Is there anyway that you can get the payments under the former spouse protection act to stop. The ex is remarried and has been receiving them for years. I think once she is remarried they should stop.
If you're going to divorce, do it before 10 years of marriage and military service. I was fortunate in that respect and kept all of my military pension.
USFSPA is basically the military's version of a QDRO and just allows your military retirement pay to be treated like all other retirement pay in the civilian world. The details of how much, how long and when it can stop is based on your own states's divorce laws and any agreement you signed at the time of the divorce. Contact a qualified divorce attorney in the state where the divorce was granted and settlement finalized to see what options you have.
Lawyer up but her remarriage has nothing to do with anything. Former Congresswoman Pat Schroeder was responsible for the legislation that made retirement pay subject to property division. There are 2 sides to the issue. One, old boy retires, wife pulls the divorce trigger, gets half more or less and goes off with her new beau. Second, old boy dumps first wife who busted her hump helping his career and also being unable to establish one of her own. Wants a younger model. I have two friends who did just that with their first wives. Today, they pay the first wife a healthy chunk of their pension as decided by a court. No congress is ever going to repeal the law making retired pay eligible for divisible property.
First marriage only lasted four years. No problem.
Second marriage lasted 13 years, and ended long before retirement. A few years later, she died. No problem.
Third marriage has lasted over 30 years. We will probably be still married when I die.
No problem.
Is there anyway that you can get the payments under the former spouse protection act to stop. The ex is remarried and has been receiving them for years. I think once she is remarried they should stop.
Thanks.
Quote:
There is only one thing that is affected by whether the marriage is more or less than 10 years: If the marriage lasted more than 10 years, the Defense Finance and Accounting Service (DFAS) is permitted to make the payment directly to the former spouse, upon the written and approved request of the former spouse.
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