Yes. Unless you both agree to leave each others retirement alone.
My attorney is heading towards a settlement. Instead of waiting until he retires, he pays me "X"amount now and I agree to leave his retirement alone.
We were married 15 years, and nothing was mentioned in our divorce decree about either of our retirement. Eurgh. At least I don't think it was...will have to go back and read it over again.
If you were married for 15 years you wlll get the spousal benifits from social security, it does not need to be in your decree, you get them.
As for the remarried part I have never heard that it makes a difference, you get the spousal benifits becuase you were married more than 10 years.
Well, that was what I thought, too. It isn't as though I'm holding my breath waiting for him to retire; far from it. I just feel that since he porked me on the tax return this year (after promising, in writing, in the presence of two officers of the court, to divide it 50/50 with me), that he has absolutely no need to know that come the day, I get half...