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

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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 11 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.


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