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Questions Related to Military Remarriage Laws by Meghan Jones





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Questions Related to Military Remarriage Laws by
Article Posted: 07/06/2013
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Word Count: 528
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Questions Related to Military Remarriage Laws


 
Law
Military remarriage laws are quite confusing for those who have not yet dealt with the military benefits changes that accompany remarriage. Some people may have certain questions regarding this issue for which they might ask military Experts. They can answer any questions that you might have regarding this. This article provides answers to some of the most commonly asked questions about issues related to this.

In case the widow of a veteran remarries, will she lose the benefits?

Benefits like PX privileges and commissary will be lost. You will also lose Tricare medical benefits. You should surrender you military ID card to the Defense Enrollment Eligibility Reporting System and inform the VA of your name change and address. You may apply for Civilian Health and Medical Program of the Veteran Affairs. In case you were to remarry a retired military member, a Military ID card will be issued to you, provided you are eligible for it and it would be based off of the member’s service in the military.

When a divorced spouse gets remarried, does he still remain entitled to half of your retirement pay?

If you wish to stop the ex-spouse receiving the 50% of your retirement pay, there has to be a clause in the divorce decree stating that any retirement benefit would stop in case the spouse remarries. Without it being mentioned, the pay would continue even after remarriage. You could request the court to reopen your divorce case and make modification in the decree. However, the chances of success are very little.

In case a former spouse remarries, do they still have the right to enjoy half of their ex-spouse’s retirement pay under the 10/10 guidelines? Do the payments just stop?

Usually, this depends upon your divorce decree. If it states that remarriage will affect retirement benefits, the payments wouldn’t stop automatically. You can drag your spouse to the court and pray for a modification of the retirement amount based on the remarriage. Since retirement benefits are considered a divisible asset, irrespective of remarriage, the payments usually don’t end.

Should new spouses be married to a military serviceman at the time of retirement to receive benefits? The ex-spouse is listed as a beneficiary of the new husband.

It is not necessary for you to be married to the service man at the time of retirement to be qualified for SBP, but there can be only one beneficiary named. If the ex-spouse has been listed as the beneficiary as per court order, her name will be there. If she were to die before you or your present spouse, you might be listed as his beneficiary.

It is desirable to know the rights before remarrying if you receive military benefits from a former spouse. Many people are unaware that they might lose the military benefits in case they remarry at a particular age. You may have questions regarding these kinds of situations and find yourself confused. If you are faced with such a situation, you should better ask a military lawyer and decide the best course of action and act accordingly.

Related Articles - remarriage laws, remarriage law, military spouse remarriage, remarriage by military spouse, military officer remarriage, military remarriage,

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