Can I amend my divorce decree regarding retirement and business ownership?

Full question:

I was divorced in 2003 my ex spouse is to receive 45% of my civil service retirement. I can't live off this. Can it be amended? I helped him to start his own business am I entitled to part of the business?

  • Category: Divorce
  • Subcategory: Property Settlements
  • Date:
  • State: Ohio

Answer:

A court can modify a divorce decree if both parties agree or if a significant change in circumstances occurs. However, certain parts of the decree, like property division, are final and cannot be changed. Child support may be modified if there is a substantial change in income or other relevant factors. Spousal support can also be modified if the decree allows for it. If the decree states that it is final and not modifiable, that provision will be binding.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, a former spouse does not lose their right to retirement benefits simply because they remarry. Retirement benefits awarded in a divorce decree remain intact unless specified otherwise. However, specific rules may vary by state and the type of retirement plan involved. It's essential to review the divorce decree and consult with a legal professional for personalized advice.