How Disability Benefits Affect Retirement Pay Division

St. Louis divorce lawyerQuestion:

At the time of my divorce I was not disabled, but I now receive disability benefits and my retirement pay has thus been reduced.

My ex-wife had a clause entered in the decree stating that I could not claim disability and reduce my retired pay.

Must I pay her the money that was reduced because of my disability?

Answer:

I am unable to give you legal advice on divorce. I can only give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am temporarily permitted to practice.

In general, if there aren’t terms included in your decree that specifically advise you as to what you need to do in terms of payments to your former spouse in the event of a retirement payment reduction, then technically your former spouse cannot force you to do anything without court action.

Otherwise stated, your former spouse can go to the court and file what is known as a motion for contempt, which could ultimately result in your being forced by law to pay your ex for failure to comply with the divorce decree.

Related Articles:

Contempt of Court

Remember, I am unable to provide you with anything more than divorce tips for men. Consult with a local divorce lawyer for specific legal advice on divorce.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, a St. Louis divorce lawyer, contact Cordell & Cordell Law Firm.

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