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  1. #1
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    Default Can My Pension Be Garnished by My Ex-Wife to Pay Spousal Support

    I am legally seperated from of my wife of 17 years. We have a seperation agreement that states my Military pension is my sole and seperate property. It also calls for me to pay her spousal support. Can she garnish my retirement?

  2. #2
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    Default Re: Can My Pension Be Garnished by My Ex Wife

    She can request it be factored into the settlement. You need a lawyer.

  3. #3
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    Default Re: Can My Pension Be Garnished by My Ex Wife

    The settlement has already been finalized.

  4. #4
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    Default Re: Can My Pension Be Garnished by My Ex Wife

    Quote Quoting Redwood12
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    I am legally seperated from of my wife of 17 years. We have a seperation agreement that states my Military pension is my sole and seperate property. It also calls for me to pay her spousal support. Can she garnish my retirement?
    I am pretty sure that she can. I am pretty sure that your military pension is not exempt from garnishment. I am also pretty sure that a separation agreement does not preclude her from being able to claim a share of your military pension when a divorce actually happens.

    Either pay what you agreed to pay or get a consult with a local attorney.

  5. #5
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    Jan 2014
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    Default Re: Can My Pension Be Garnished by My Ex Wife

    Quote Quoting Redwood12
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    I am legally seperated [sic] from of my wife of 17 years. We have a seperation [sic] agreement that states my Military pension is my sole and separate property. It also calls for me to pay her spousal support. Can she garnish my retirement?
    She can't garnish anything on the mere strength of a "settlement agreement"!

    However, if in a final decree of divorce you are ordered to pay her spousal support, she can indeed enforce that obligation by garnishing your military retirement. Read it at 42 U.S. Code 659 (a) Consent to support enforcement.

    But curiously, was your wife represented by independent counsel in negotiating and "finalizing" this post nuptial?

    If not, the subject matter may not end up as your "sole and separate property". Not if she comes to her senses.

  6. #6
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    Default Re: Can My Pension Be Garnished by My Ex Wife

    Quote Quoting Sax
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    She can't garnish anything on the mere strength of a "settlement agreement"!

    However, if in a final decree of divorce you are ordered to pay her spousal support, she can indeed enforce that obligation by garnishing your military retirement. Read it at 42 U.S. Code 659 (a) Consent to support enforcement.

    But curiously, was your wife represented by independent counsel in negotiating and "finalizing" this post nuptial?

    If not, the subject matter may not end up as your "sole and separate property". Not if she comes to her senses.
    Settlement agreements in a legal separation are just as enforceable as settlement agreements in a divorce.

  7. #7
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    Default Re: Can My Pension Be Garnished by My Ex Wife

    There is a difference between an "agreement" and a "judgment", even if people sometimes use the word "agreement" to refer to a consent order or consent judgment. Separation agreements that are not included by reference or incorporated into a divorce judgment or order of legal separation will generally be enforceable under contract law, but not necessarily through the family court. The specifics will vary by state.

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