Divorced & Remarried – Do I Still Split Retirement with Ex?

Question:michelle hughes attorney missouri

My ex and I have been divorced for 20 years. Our divorce papers state that she is entitled to one half of a prorated share of any retirement I receive, based on the number of years married against the total years of service.

She remarried many years ago. She and her current husband both have jobs.

Is there a legal way that I can stop, reduce or modify the amount that I have to pay her now that she is remarried and has support from her current husband?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce.

In many states, orders concerning division of property are not modifiable. What you describe is a division of a retirement asset, which is considered property.

If you were ordered to pay maintenance or alimony then, in many states, an order for that is modifiable.

However, as I read your question, you don’t seem to indicate that the division of the asset was for purposes of alimony. Thus, if it is not part of alimony, I don’t think it would be a modifiable matter.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri divorce lawyer Michelle Hughes, contact Cordell & Cordell.

End of Content Icon

Leave a Reply

Your email address will not be published.