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  1. #1

    Default Divorce and Military Pension Division Under Former Spouse Protection Act

    My question involves a marriage in the state of: CA
    My divorce was final back in 1999. I retired from 20 years of active military service in 1996 and during my divorce I agreed to award my ex spouse 50% of my military pension (maximum) allowed under the Former Spouse Protection Act. This is considered property division and not spousal support. My ex-wife remarried some eight years ago, has a good job, and her husband is working. I on the other hand am disabled and unable to work so am living on reduced military pension and a small state pension (Calpers). My question is can the court terminated the 50% of my military pension that goes to my ex-spouse in a similar way they do for spousal support?
    Thank you for your time and response ahead of time.

  2. #2

    Default Re: Divorce and Military Pension Division Under Former Spouse Protection Act

    I suspect that because it was a property division, once the order was entered it was likely a done deal. No different than if she'd been awarded one of the two acres of land you owned. The court isn't going to make her give part of it back or terminate it just because your financial situations changed after the property division. However, this isn't my area of specialty, so do please wait for other posters more knowledgeable in this area to respond.

  3. #3
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    Default Re: Divorce and Military Pension Division Under Former Spouse Protection Act

    Unfortunately her remarriage doesn't change anything (as it would, generally, with alimony/spousal support).

    As you know, the pension award is considered property division and generally the court cannot and will not revisit the division after this much time has passed.

  4. #4

    Default Re: Divorce and Military Pension Division Under Former Spouse Protection Act

    Thank you for your response.

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