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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Modifying Alimony

    My question involves divorce in the State of: TN

    My husband divorced his former wife in 2000.

    He spent over 30 in the military and is now 100% disabled retired. Can we modify alimony to her if it is In Futuro?

    The divorce decree also states that if he dies alimony will be paid out of his estate. What if the estate has my name on it also? Will I have to give her the money that is mine also? Can we have this modified also?

    I have not talked to an attorney yet on this matter. I'm not sure if this is something I need to pursue due to all assests gained in my marriage to him was done with both of us working for it. I don't want her to be able to take anything that I worked for.

    Any advice would be awesome. Feel free to email me if you have further questions.

    Thanks
    LadySGM

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

    Default Re: Modifying Alimony

    You need to take the judgment of divorce with the alimony provision to a family lawyer, and have your lawyer advise you as to whether it is modifiable and as to whether you have valid grounds. We have no information about what the judgment says, what alimony is due or when, whether the judgment indicates that alimony is modifiable....

    Unless you die at the same time, your estates will be probated separately. Either way, the court would look at his separate assets, your separate assets, and marital assets, and you would not be responsible for his debts out of your separate assets or your share of marital assets. Without knowing the details of your estate I can't get into what, if any, portion of the marital estate might theoretically be subject to the alimony claim.

  3. #3
    Join Date
    Nov 2009
    Posts
    256

    Default Re: Modifying Alimony

    It sounds like they awarded the ex-wife a portion of his retirement. If that's the case, it's not that she'd be receiving alimony from the estate, but her portion of the retirement.

    You need to talk to an attorney to get it figured out.

  4. #4
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Modifying Alimony

    Thanks,

    I will find a lawyer.

    I hate dealing with her. All she does is bash my husband while I am talking to her.

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