Can A Party Waive Their Right To Claim Property?

divorce lawyer laura langenburgQuestion:

Being retired military and receiving a military pension, is there any way that my wife could waive her claim on my retirement or any other property?

Or is the state going to divide my property, namely my military pension, regardless?

Answer:

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

In general, property acquired during a marriage is deemed marital property and is up for division in the divorce. Property that is acquired before the marriage is generally considered separate property and is not divisible in the divorce.

Therefore, any portion of your military pension that was earned prior to your marriage is considered your separate property and would not be divided in the divorce proceeding. Only the portion that was earned while you were married would be considered marital property to be divided in the divorce.

Military Retirement:

Does She Have to Get Half?

You ask if there is any way that your spouse can waive her right to your retirement. The short answer to this question is yes.

Even though a party has a right to marital property, that does not mean the spouse has to take the property. The parties can reach an agreement to divide property or not divide property as they choose.

However, please be advised, if the pension is the only asset of the marriage, a court may not agree to a property settlement agreement if it will leave one spouse destitute or in poverty.

If there is adequate property to divide, and/or if both parties are able to support themselves, a party can waive their right to pensions, 401k plans and any other property of the parties.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ann Arbor Divorce Lawyer Laura D. Langenburg, contact Cordell & Cordell.

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