Thank you. I see what you are saying. Essentially:
"H waived alimony
in favor of pension. But since alimony may be reduced/voided due to remarriage
, should not the same apply to the pension then, since the pension was chosen in lieu
Not necessarily. Even though the pension generally cannot be minimized at remarriage because the accrued pension is community property
, but alimony can be minimized or voided if a party remarries, the fact is that this was an agreed upon divorce
(meaning, I am guessing that the parties came to an agreement over the divorce). Just because he chose A over B, does not mean that A can be voided by the same application of law as B.
The Court knew very well what the decree stated. He could choose pension or alimony, but it does not mean that they were IDENTICAL in scope. So he chose one which is more advantageous
and which may not be voided later on. The Court is likely to uphold this.
So yes, someone in his situation can still arguably get the pension.
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