Full question:
I was divorced on 1/7/1987. At that time my husband was in the Air Force. The divorce decree states that I may not able collect his retirement. Can this be changed by a judge since he was not retired at the time of the divorce?
- Category: Divorce
- Date:
- State: Kentucky
Answer:
A judgment or decree in a divorce case may be modified or vacated for sufficient cause. In the absence of a statute or a reservation in the decree of jurisdiction to amend, the rule in most jurisdictions is that the court cannot modify the provisions of a decree of absolute divorce with respect to permanent alimony. In many jurisdictions, the practice is to file a motion or petition for modification of alimony as a step in the original divorce action, but, in others, a proceeding to modify a divorce decree is regarded as independent action so that the petition should be filed and docketed as in an independent action.
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