Q: Can military retirement pay be stopped if retirement payments have been made for over 15yrs and the plaintiff remarried?
The divorce was filed with the clerk of the circuit court in Honolulu, Hawaii and the plaintiff has been remarried for over 5+ years but still receiving a portion of my military retirement pay. We were only married for 16 years. Neither one of us no longer live in Hawaii.
A: Unless the court order or agreement states otherwise, typically an award of retirement is for life. All of the other facts you mention such as being remarried, not living in Hawaii, length of marriage (and pretty much anything else you can think of as a potential excuse to reduce or eliminate the retirement award) is irrelevant. However, to be on the safe side, it never hurts to have a local family law attorney review things in more detail just to be sure there isn't anything that can be done.
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