Is my husband still required to pay half of his retirement to his ex wife even though she remarried?
Full Question:
My fiance' has been divorced for approximately 11 years. He is retired army and receives his retirement monthly. His ex-wife receives half of his retirement for what was considered property during the marriage of 16 years. We are questioning weather we could have this reviewed or amended. They did not own a home during the marriage and considering what has been paid out for "property" over the last 11 years amounts to a pretty large settlement. Also, would the fact that his ex-wife was remarried 1 month after the divorce was final, be considered if she will be entitled to his retirement until he reached age 65, which is in 11 years? He was in the military for 22 years incase you need that information to advise us.
Do you think it would be worth persuing?
06/01/2007 |
Category: Divorce |
State: Nebraska |
#6100
Answer:
You should carefully review the separation agreement and/or court order that established the division of pension benefits to determine the procedure for modification.
The applicable Nebraska statutes are as follows:
42-366. Property settlements; effect; enforcement; modification.
(1) To promote the amicable settlement of disputes between the parties to
a marriage attendant upon their separation or the dissolution of their
marriage, the parties may enter into a written property settlement
agreement containing provisions for the maintenance of either of them, the
disposition of any property owned by either of them, and the support and
custody of minor children.
(2) In a proceeding for dissolution of marriage or for legal separation,
the terms of the agreement, except terms providing for the support and
custody of minor children, shall be binding upon the court unless it finds,
after considering the economic circumstances of the parties and any other
relevant evidence produced by the parties, on their own motion or on
request of the court, that the agreement is unconscionable.
(3) If the court finds the agreement unconscionable, the court may
request the parties to submit a revised agreement or the court may make
orders for the disposition of property, support, and maintenance.
(4) If the court finds that the agreement is not unconscionable as to
support, maintenance, and property: (a) Unless the agreement provides to
the contrary, its terms may be set forth in the decree of dissolution or
legal separation and the parties shall be ordered to perform them; or (b)
if the agreement provides that its terms shall not be set forth in the
decree, the decree shall identify the agreement and shall state that the
court has found the terms not unconscionable, and the parties shall be
ordered to perform them.
(5) Terms of the agreement set forth in the decree may be enforced by all
remedies available for the enforcement of a judgment, including contempt.
(6) Alimony may be ordered in addition to a property settlement award.
(7) Except for terms concerning the custody or support of minor children,
the decree may expressly preclude or limit modification of terms set forth
in the decree.
(8) If the parties fail to agree upon a property settlement which the
court finds to be conscionable, the court shall order an equitable
division of the marital estate. The court shall include as part of the
marital estate, for purposes of the division of property at the time of
dissolution, any pension plans, retirement plans, annuities, and other
deferred compensation benefits owned by either party, whether vested or
not vested.