Full question:
My wife and I divorced, but when I attempted to remove her from my federal annuity, I found our divorce papers only gave me ownership of retirement that was solely owned by me. I need a form for my wife to sign that will end her rights to my retirement annuity and thrift savings. Please help!
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Texas
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. 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 custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
It is possible you may contract with a former spouse to voluntarily release her claim to proceeds of a property settlement in a divorce. To be enforceable, contracts require that something of value (referred to as consideration) is given in exchange for the other party performing her end of the deal. You may also need to fill out a form with the annuity and/or thrift company, regarding a transfer of rights, according to the policy of the entities involved. I suggest contacting the entities to inquire about applicable procedures.
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.
