IF I GET REMARRIED, DO I LOSE MILITARY RETIREMENT BENEFITS FROM MY EX?

If you're a former military spouse receiving a share of your ex's retirement pay, walking down the aisle a second time can raise a lot of questions. The short answer is reassuring: in most cases, remarrying does not cost you the retirement benefits awarded to you in your divorce. But there are important nuances—especially when it comes to survivor benefits—that every remarried former spouse should understand. ## What You Were Awarded in the Divorce Is Generally Yours to Keep Under the Uniformed Services Former Spouse Protection Act (USFSPA), state courts can divide military retired pay as part of a divorce. Once a court awards you a portion of your ex-spouse's retired pay—whether as a percentage or a fixed-dollar amount—that property division is final. Your decision to remarry does not undo a property settlement. Divorce courts divide marital property, and your share of the pension is just that: property. A new marriage doesn't give your ex a legal basis to go back and reclaim it, and it doesn't trigger any automatic reduction in the payments you receive directly from the Defense Finance and Accounting Service (DFAS). ## Where Remarriage Really Matters: Survivor Benefit Plan Considerations This is the area where remarriage has real consequences, and it's where many former spouses get caught off guard. ### The Survivor Benefit Plan (SBP) If you were designated as a beneficiary under the Survivor Benefit Plan at the time of the divorce, you were wise—SBP provides a continuing income stream (typically a percentage of the retired pay) to a surviving beneficiary after the retiree dies. However, SBP coverage for a former spouse generally ends if you remarry before age 55. If your new marriage ends in death, divorce, or annulment, you can ask to have the former-spouse SBP coverage reinstated, but the reinstatement is not automatic and requires applying to DFAS with proper documentation. If you remarry at age 55 or older, the coverage is not terminated in the first place. This age-55 threshold is one of the most important facts a remarried former spouse can know. ## Other Benefits That May Be Affected by a New Marriage While your share of the retired pay itself is secure, other benefits tied to your status as a former military spouse can change with remarriage. Consider the following: - TRICARE coverage as a former spouse generally ends upon remarriage, since it is tied to being unmarried. - Commissary and exchange privileges, which some former spouses retain under the 20/20/20 rule, terminate upon remarriage. - Dependency and Indemnity Compensation (DIC) from the VA, if you were receiving it as a surviving spouse, stops upon remarriage (though it may be restored in certain circumstances if the later marriage ends). - Social Security benefits based on your ex's work record will generally end if you remarry before age 60 (or 50 if disabled), but can be reinstated if the new marriage ends. Note that military retired pay division itself is not on this list—precisely because it is treated as property, not a spouse-dependent benefit. ## Practical Steps Before You Remarry A little preparation can prevent costly mistakes: 1. Review your divorce decree and any court orders (such as a Qualified Domestic Relations Order or deemed order) to confirm exactly what you were awarded. 2. Contact DFAS to confirm your current payment arrangement and your SBP status in writing. 3. Ask about your SBP election status and what would happen to it upon remarriage, given your current age. 4. Discuss the implications with a family law attorney or financial advisor familiar with military divorce before setting a wedding date—especially if you are near the age-55 threshold. 5. Keep copies of all documentation, since reinstatement requests later will require proof of your prior coverage. ## The Bottom Line Remarrying does not cost you the military retirement share you were awarded in your divorce—that money is settled property and remains yours. What remarriage can affect is your safety net: SBP coverage, TRICARE, base privileges, and certain survivor benefits may change or end depending on your age and circumstances. Before you remarry, verify your SBP status and understand the age-55 rule. A few phone calls and a careful read of your divorce decree now can protect both your new marriage and your financial future. ## Related reading - [Understanding Prenuptial and Postnuptial Agreements: A Practical Guide for Couples](/blog/prenuptial-and-postnuptial-agreements) - [Can We Just Skip Christmas? How to Survive the Holiday Season Without Losing Your Mind](/blog/can-we-just-skip-christmas-four-tips-for-surviving-the-holiday-season) - [Should I Get a Prenup? A Practical Guide to Prenuptial Agreements](/blog/should-i-get-a-prenup) - [What Happens When My Ex Stops Paying? A Practical Guide to Child Support and Maintenance Issues](/blog/what-if-my-ex-stops-paying) - [Understanding How Long Will I Get Alimony After Divorce](/blog/how-long-will-i-get-alimony)