Am I entitled to a part of the business I helped my ex to start?

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 may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final.

Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage.

Spousal support may be modified if the decree or separation agreement provided that the court would retain continuing jurisdiction over the amount and/or duration of support. If there is language that the order is final and not modifiable, that language will be binding and the support can never be changed.

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.