Legal Question in Family Law in Maryland
Military Divorce - Alimony - Divorce Decree Silent
My husband divorced from his wife in 1998 in the state of Maryland. The divorce decree gives his ex-wife custody of thier daughter. In the divorce decree it states that he will pay alimony (or 50%) of his retirement (as the ex-wife will also do, pay 50% of her retirement). He also pays child support (rightfully so!). My husband was in the military at the time of the divorce. He is now retired, and pays his child support which is automatically deducted from his military pay. He also pays alimony (again, automatically deducted from his military pay). His ex-wife re-married. The divorce decree is silent regarding the re-marring, and weather or not the alimony should continue to be paid. I read somewhere that if a woman remarries she is no longer entitiled to the alimony. My husband says to be patient, that when her time comes for retirement, she will be obligated to pay him her 50% retirment. Or, she will forgo receiving her 50% from him, and she keeps her's and he keeps his. However, how will we ever know when she retires if she lives in Maryland, and we live in Texas?
Thank you so much for your help!
2 Answers from Attorneys
Re: Military Divorce - Alimony - Divorce Decree Silent
If the paperwork was done correctly at the time of the divorce, what is happening now that your husband is retired is that his military retirement pay is being divided 50/50 with the ex. Retirement pay is not alimony, but is considered to be marital property, and therefore is not affected by the ex's remarriage, just as your husband's right to the ex's retirement is not diminished by his remarriage. The court order dividing up the retirement benefits for both should be on file with the ex's employer or whoever will be responsible for administering her retirement benefits, so that your husband will automatically receive his share at that time. But it would be a good idea to check with either his attorney at the time, or directly with the ex's employer, to verify that the order is on file.
Re: Military Divorce - Alimony - Divorce Decree Silent
Hopefully you will receive replies from Maryland attorneys, as this needs to be handled in Maryland. I don't know how much alimony is being paid every month, but my guess is that it would be cheaper to hire a Maryland lawyer to file a Motion to Clarify the Decree and Terminate Spousal Support. This action would have no effect on the retirement provisions.
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