Legal Question in Military Law in Tennessee

Upon retiring from the military and you've been married for more than 10 years your spouse is entitle to a portion of your retirement. My question is do she stop getting my retirement if she re-marry?


Asked on 11/12/10, 8:14 am

1 Answer from Attorneys

First of all, no spouse is "entitled" to a portion of military (or any other) retired pay. A pension (military or civilian) is treated in Tennessee as "property" and is subject to being divided in a divorce like any other property: all to him, all to her, or split in various ways.

For example, a court might rule "she gets 100% the house, he gets 100% of his military retirement."

In that case, of course, the wife gets 100% of the house and it remains hers even if she remarries because it's "her property."

But it would not be impossible for the judge in a divorce to rule "he gets 100% of the house, and she gets 100% of his retirement."

Again, retirement pay is considered "property" and under certain rules, can be divided equitably (fairly), not necessarily equally (mathematically perfect divisions). As "property" what is awarded to a divorced spouse is theirs to keep, whether or not they remarry.

BUT, you need some serious legal advice from an expert in the field becasue the same rules do not apply of other benefits that may flow from being a former military spouse, benefits that can be lost upon remarriage.

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Answered on 11/19/10, 7:26 am


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