Legal Question in Family Law in Ohio

My ex husband and I were married on 9 Feb 1979..Divorced 28 Dec 2009. My ex-husband was military and I am receiving money from him as a result of the divorce. I am a retiree from Wright-Patterson AFB, Ohio, secretarial job. I also am paying my husband part of my retirement. I was told that if I remarried, the money from him would stop. I have not remarried. The Problem--HE remarried but is still receiving money from my retirement...I want to know why. This is WRONG--if I remarry, the money from him stops; however, it he remarries, he still gets money from me? That is just not right. I need a ruling on this. The divorce was done in Ohio...I still live in Ohio...he lives in Tennessee with his new wife.

Asked on 4/02/16, 5:50 pm

1 Answer from Attorneys

Thomas Sacerich Thomas J. Sacerich, Attorney at Law

If the money you are receiving from your ex is spousal support (alimony) then it normally would stop at your remarriage. The money he is receiving is pension money that is a property settlement and normally continues even after a remarriage. You should have received a portion of his pension in the divorce, as part of the property settlement. In the division of your pension and his pension the person with the larger pension would owe one half of the difference to their ex, I can't tell from your question if that is what is happening. In other words if your pension was larger than his he is receiving one half the difference in the payout.

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Answered on 4/02/16, 10:09 pm

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