Full question:
My fiance' has been divorced for approximately 11 years. He is retired army and receives his retirement monthly. His ex-wife receives half of his retirement for what was considered property during the marriage of 16 years. We are questioning weather we could have this reviewed or amended. They did not own a home during the marriage and considering what has been paid out for "property" over the last 11 years amounts to a pretty large settlement. Also, would the fact that his ex-wife was remarried 1 month after the divorce was final, be considered if she will be entitled to his retirement until he reached age 65, which is in 11 years? He was in the military for 22 years incase you need that information to advise us. Do you think it would be worth persuing?
- Category: Divorce
- Date:
- State: Nebraska
Answer:
To explore modifying the division of pension benefits, review the separation agreement or court order that established the terms. In Nebraska, the relevant statute is Neb. Rev. Stat. § 42-366, which outlines the conditions under which property settlements can be modified.
According to this statute:
- The terms of a property settlement agreement are generally binding unless the court finds them unconscionable after considering the parties' economic circumstances.
- If the court deems the agreement unconscionable, it may require a revised agreement or make its own orders regarding property and support.
- Unless specified otherwise, the terms of the agreement can be enforced like a judgment, and alimony may be added to a property settlement.
- The court can limit or preclude modifications of the agreement, except for child custody or support terms.
Regarding your fiancé's ex-wife's remarriage shortly after the divorce, this may not directly affect her entitlement to his retirement benefits unless specified in the agreement. Generally, the settlement remains in effect until modified by the court.
Considering the significant amount of retirement benefits she has received over the years, it may be worth pursuing a review, especially if you believe the agreement is unconscionable. Consulting with a family law attorney could provide more tailored advice based on your specific situation.
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.