I retired as an 0-5 in 1976. I was married for 11 years and was divorced in 1978 as part of the divorce settlement I was to pay my ex-wife 25% of my pension for life. She remarried two years later. Question: is she still entitled to part of my retired pay? Does anyone have experience with modifying this type of divorce decree. Please contact me directly at Hudone@aol.com Thank you and may God look after our soldiers. Hud

Yes, She can continue to receive the same money. The Gov considers it her retirement pay. My exwife gets 47% of my retirement pay. Its a Fed law, but the state decides how much she gets & its based on how many years of your career she was married to you. What really gets me is she could marry a rich guy & continue to get part of your retirement. Sonny

I was wondering. If she dies do you all get your full retirement back or does her new husband get her share? Now that would really suck.

When the ex ol lady croaks you get a pay raise. Don't get any ideas though. Its been tried.

Actually, according to my lawyer there IS a loophole, though it may differ by state. Generally, though, if she gets her pound of flesh as part of the property settlement, there is nothing you can do about it, since retired pay is considered community property once basic requirements are met. If, however, she gets money as alimony, then you may be able to get that modified with her remarriage, her supporting herself, or other factors.

You need to review the language in your divorce decree and property settlement - or have a lawyer familiar with USFSPA law do it with you.

I think you're taking a serious risk asking for legal advice on a discussion board like this.

Contact your original attorney to interpret the divorce decree to see if there's any provisions for modification. Divorces are granted through state courts. There's 50 sets of rules that vary widely. Good luck.