Military Retiree Spousal Support

[DeeAmber]

What is the name of your state? Tennessee
My husband was granted a divorce from his previous spouse in 1975 in San Diego, CA. She was awarded 23% of his retirement to begin in 1984. We have paid this monthly, although she has remarried twice in the interim. Can this provision be revisited and removed?

 

[ellencee]

no--that was awarded based on the length of their marriage and what she is legally entitiled to receive. It is not based on her behavior after their divorce.

 

[shaynalyn1]

You might want to obtain a copy of the original divorce final judgement. It might specify permanent or until former wife dies or remarries. I don't know the laws there, but in FL it usually is until the former wife remarries or dies.

 

[ellencee]

awards of retirement benefits are usually not held to the same laws as are alimony. When ordering the 23% of her husband's retirement benefits to be paid to her, surely the court did not base its opinon on requiring the ex-wife to live unmarried for the rest of her life. Alimony is spousal support to provide for the ex until such time as the ex can provide the same level of life independent of the marriage. Retirement benefits are earnings from the marriage and the 23% represents her share of those earnings, in the court's opinion.