Good afternoon. Active duty officer divorced in 2007. Divorce decree specifies $500 per month in spousal support for 15 years in lieu of division of military retirement pay in the future. Decree signed by judge. Can spouse sue for retirement pay despite divorce decree?
State/Country relating to question: Texas
Research. Civilian attorney
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.She can't sue for it. You sue for thing you have a legal right to and, in order for her to any sort of right to a portion of your military Retirement, she would have to have a court order from the divorce court itself, changing the original order.Can she go back to that court and request re-consideration? Certainly, she can do that, but every year that passes makes it less and less likely that a court would even want to rehear the issue. But the existence of the court order on this issue acts a res judicata....basically meaning that the matter has been settled by the court and can only be altered by that same court.
Lawyer and current JAG officer.
Thank you sir!
No problem. Take care.
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