There’s nothing prohibiting that. It depends on the income situation of the parties in addition to the retirement. In the Northern Virginia area, it’s not uncommon. Military members of rank, especially, retire and receive very well-paying jobs in the private sector, and long-term marriages generally lead to spousal support in that scenario. Even if they’re […]
Pensions, Retirement Plans, QDROs
Does a service member’s former spouse lose survivor benefit annuity if he/she remarries?
If the former spouse remarries before she or he turns the age of 55, they lose a survivor annuity and you can’t get it back. Carolyn Grimes is a family lawyer at the law firm of Wade Grimes Friedman Sutter & Leischner PLLC in Alexandria, Virginia. To learn more about Grimes and her firm, […]
Does the ex-spouse of the military retiree need to do anything to receive the former spouse benefits coverage?
To get the survivor benefit coverage, you need to either be awarded it in a court order by a judge or have agreed with your spouse that you’ll receive it. Then your property settlement agreement is generally made into a court order. After the divorce, you need to submit your court order, your final divorce […]
If an active service member dies before retirement, is their ex-spouse covered under the Survivor Benefit Plan?
Only if they’re named as a survivor beneficiary – but they are not going to receive any of their other benefits like life insurance and the automatic death benefits that would normally be paid to a spouse, because they are not the spouse and those are not divisible in divorce. Carolyn Grimes is a […]
What is the Survivor Benefit Plan?
The Survivor Benefit Plan is part of the retirement plan. Military members, when they retire, receive what’s called “retired/retainer pay” because they are subject to recall. As part of that benefit system, they can opt at the point of retirement to elect a survivor benefit. A survivor benefit is basically the retirement benefit that’s received […]
If only one spouse worked during marriage, are contributions to that spouse’s retirement account considered marital or separate?
The law’s really clear that retirement accounts, pension plans, and other things employment related that are accumulated during marriage are marital property. It doesn’t really matter whose name the retirement benefit is held in. If it was accumulated during the marriage, it’s going to be divided by the court as marital property. If you have […]
Are contributions to a spouse’s retirement accounts considered marital or separate property?
As a general rule, contributions to retirement accounts that are earned during the course of the marriage are considered marital property. If contributions are earned both before and during the marriage, then you would have the situation in which some of it would be considered a non-marital portion, and then some of it would be […]
Must the parties, or their attorneys, wait until after a divorce to enter a QDRO?
A QDRO can be entered prior to or on the date the final judgment is entered, and in fact, it is recommended to do so. Many believe that QDROs can only be drafted after the final judgment, which is why 90% of the QDROs we receive are post-divorce. Nothing could be further from the truth […]
Will I lose some or all of my pension as a result of divorce?
Will I lose some or all of my pension as a result of divorce? I don’t see why my spouse should get any of it – he has hardly worked a day in his life!
If my ex-spouse remarries, will I still qualify for half of his social security benefits?
Yes, if you were married to your ex-spouse for at least 10 years, you will still qualify for social security benefits based upon his work history even if he remarries. The only qualifications for receipt of benefits are that you be unmarried, at least 62, that your ex-spouse be of an age to be entitled […]
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