Results 1 to 6 of 6
  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Divorce and Military Retirement Benefits

    My question involves a marriage in the state of:TN

    Can retirement pay be waived by the non-military spouse in a divorce in Tennessee? Can you point me to a reference area that shows this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce and Military Retirement Benefits

    What do you mean? Do you mean, in a property settlement for a divorce, can a spouse take other assets in lieu of a share of retirement benefits or choose not to take a share of retirement benefits? Of course. You want a cite for what, exactly - the parties' right to settle their case and divide the marital estate in a mutually agreeable manner?

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Divorce and Military Retirement Benefits

    Yes, I'm trying to find out if retirement benefits can be waived by the spouse in lieu of other assetts. AS for a cite, I'm trying to find a reference thast states this can be waived and has a precedent of being don ein other cases. Thanks

  4. #4
    Join Date
    Oct 2006
    Posts
    16,185

    Default Re: Divorce and Military Retirement Benefits

    Quote Quoting sleeprn69
    View Post
    Yes, I'm trying to find out if retirement benefits can be waived by the spouse in lieu of other assetts. AS for a cite, I'm trying to find a reference thast states this can be waived and has a precedent of being don ein other cases. Thanks
    You don't need a precedent or a cite. If the two of you agree to that, then the judge will sign off on it. The two of you can agree to anything you like as far as a property settlement is concerned. If the two of you are not in agreement, then its not going to happen.

    So, what is the backstory here? If your spouse isn't in agreement then give up on the issue.

  5. #5
    Join Date
    May 2011
    Posts
    3

    Default Re: Divorce and Military Retirement Benefits

    Thanks. Just trying to get clarification. We had agreed on things then she talked to an attorney who told her it was mandated by law that she had to get my retirement pay and had to get alimony etc..

  6. #6
    Join Date
    Oct 2006
    Posts
    16,185

    Default Re: Divorce and Military Retirement Benefits

    Quote Quoting sleeprn69
    View Post
    Thanks. Just trying to get clarification. We had agreed on things then she talked to an attorney who told her it was mandated by law that she had to get my retirement pay and had to get alimony etc..
    It sounds to me like the attorney talked her out of "agreeing". Its sounds to me like the attorney did not feel that the agreement was fair.

    It looks like you no longer have an agreement.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Military Retirement
    By bigmom in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-08-2011, 07:49 PM
  2. Divorce: Retirement Pay for Ex Military Spouse
    By Susan123 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 01-20-2011, 11:29 AM
  3. Retirement Benefits: Social Security Retirement Benefits After Divorce and Remarriage
    By Oldjarhead in forum Social Security Law
    Replies: 1
    Last Post: 11-07-2010, 09:15 AM
  4. Property Division: Ex-Wife Deceased, How to Stop Military Retirement
    By Xena in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 10-13-2009, 10:23 PM
  5. Military Retirement Pay in Divorce
    By pmpatt in forum Tax Law
    Replies: 1
    Last Post: 04-07-2009, 05:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources