What to do if afterma divorce 9 ywrs ago yeas ago, my ex-spouse wants to refile for my military benefits?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if afterma divorce 9 ywrs ago yeas ago, my ex-spouse wants to refile for my military benefits?

My ex wants to sue for my military retirement she signed away all rights to in the property settlement, it specifically include my retirement separately as being waived. he says she has a conversation with me 3-4 years ago taped saying id give her some back but I don’t think I ever did. Would not be smart. Also, she filed yet wants to claim fruadulant separation dates to have our divorce nullified.

Asked on July 30, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read your final marital settlement agreement and judgment to see if there was any provision in it stating that certain issues such as your military benefits can be opened up for further hearing. If not, then the agreement is the agreement and there is no contractual or legal basis for your former spouse to seek benefits that she is not entitled to.

You may wish to consult further with a family law attorney to assist you on this issue if your "ex" files a petition with the court for such benefits.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption