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  1. #1

    Default Divorce Judgment Provides 100% of Military Retirement Pension Shall Go to Wife

    My question involves a marriage in the state of: California

    Getting divorce in 2000 his ex wife my husband signed up The Settlement marital agreement there is a phrase: 100% of military retirement property shall go to Wife. No limited in time.
    They never had children< she has no disability. Last 8 years she worked. She has her own house and good income
    He paid her 100% of his retirement pension more than 6 years. In 2006 he had moved to another country, married me, in 2007 our daughter was born, he had reduced payments to her, but paid not less than half. We lived all this years overseas. He did not work. I did. Now we are back in U.S.
    Ex wife brought a suit against him demanding all money for 6 years. I have no job so my husband does. We have a child. No any estate. Does any justice exist about such issue? How does it possible to garnish only income we have? I am russian lawyer and there are in Russia it is so easy to void such stupid agreement as that he signed.(But american lawyers said -NO, it is impossible now -too late. So If you did one mistake to settle such agreement you should pay all your life) Here is a question: Will a judge take in consideration facts 1) my husband does not work (he would like but it is so difficult to find a job in his age), 2)he has his own child to support, 3)he has a wife to take care of because I am jobless too??? I will be extremely grateful for any answer

  2. #2
    Join Date
    Jun 2012
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    173

    Default Re: Divorce Judgment Provides 100% of Military Retirement Property Shall Go to Wife

    Unfortunately, unless there was some sort of fraud, duress, or something that can be shown that proves the settlement agreement was unconscionable in some way, the agreement is perfectly legal and enforceable. In America, parties are free to contract as they please as long as the contract itself isn't illegal. This is true in divorce settlements, as well. It doesn't matter that you guys are less financially secure than your husband's ex, because he agreed to the settlement it can be enforced.

  3. #3
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    Default Re: Divorce Judgment Provides 100% of Military Retirement Property Shall Go to Wife

    I can't fathom why your husband would sign such a thing unless he was getting something of equivalent value that he wanted, and even if she literally held a gun to his head, presumably he'd have mentioned that to the police and/or the divorce court. If he agreed that she got an amount equal to 100% of his retirement pension, I'm afraid there's likely nothing he can do about it now. He's free to seek a detailed, written legal opinion on the topic, but HE chose to sign this agreement and the court system won't reopen something a dozen years later to rectify a decision HE made. The law doesn't work that way, even in Russia (12 years later, remember).

  4. #4
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    Default Re: Divorce Judgment Provides 100% of Military Retirement Pension Shall Go to Wife

    Quote Quoting LollaKirillova
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    The Settlement marital agreement there is a phrase: 100% of military retirement property shall go to Wife.
    Why did he agree to that? Clearly there was a reason.
    Quote Quoting LollaKirillova
    In 2006 he had moved to another country, married me, in 2007 our daughter was born, he had reduced payments to her, but paid not less than half.
    If this was U.S. military retirement pay, why didn't the ex-wife file a QDRO so that she receives the money directly from the government, or at least seek to garnish the money when he stopped living up to his obligations under the divorce judgment?
    Quote Quoting LollaKirillova
    Ex wife brought a suit against him demanding all money for 6 years.
    No surprise there.
    Quote Quoting LollaKirillova
    Will a judge take in consideration facts 1) my husband does not work (he would like but it is so difficult to find a job in his age), 2)he has his own child to support, 3)he has a wife to take care of because I am jobless too??? I will be extremely grateful for any answer
    From what you have told us, the award of military retirement pay appears to have been part of the property settlement, not spousal support. I'm not sure if you know the details of the divorce settlement, but we cannot comment on what happened unless and until you share that information.

  5. #5

    Default Re: Divorce Judgment Provides 100% of Military Retirement Pension Shall Go to Wife

    May be it sounds naively but he had not definite reason to sigh this, just compassion to her, because he had a job.
    Thank you, mister Knowitall, for mentioning word " Property". Any eng-russian dictionary translates this word as not a thing like earnings, income or pension. This is PROPERTY!!! -имущество!!! The section where I took phrase "100% of military retirement property shall go to Wife" named Division of Military retirement Property. I do not know who changed the name of my post.
    There are in this section another statements: The Court in the parties' dissolution action will reserve jurisdiction to make such orders relating to this retirement benefits that are necessary to carry out of this agreement. Insofar as he is able to do so under the plan, husband will designate and maintain wife as beneficiary of all survivor and death benefits available.
    The section named SPOUSAL SUPPORT contains only this : Wife is not requesting spousal support from Husband at this time. The Court in the in the parties' dissolution action will reserve jurisdiction until either part/s death, the remarriage of wife, or modification or termination by further court, whichever occurs first, to order such support payable to Wife on a proper showing of a change of circumstances.
    As I understand it - he never should pay her his pension.

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