QUESTION
Is it true that in my divorce decree it states I’m entitled to half of my husband’s retirement if I do not remarry?
Asked on Dec 03rd, 2012 on Divorce - Texas
More details to this question:
I remarried for 2 1/2 years and I’m now legally divorced from the second husband. I was married to the first husband for 13 1/2 years. Even though the divorce decree says if I do not remarry, since I’m not married, now am I entitled to half of the retirement?
9 ANSWERS
Without reviewing the document, it is difficult to tell what it says and what effect, if any, there may be.
Answered on Dec 05th, 2012 at 8:12 PM
Without reviewing your paperwork, I can only go by what you have provided in your question. According to your information, your final decree says "you cannot receive the monies if you remarried," but you did, in fact, remarry. Therefore, you forfeited the money when you married your second husband.
Answered on Dec 05th, 2012 at 2:20 PM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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If the original divorce decree stated that you were entitled to half of the retirement unless you remarried. And you remarried for a period of 2 1/2 years then it would seem under basic contract law that you are no longer entitled to half the retirement.
Answered on Dec 05th, 2012 at 2:19 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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That is very strange to have your retirement share dependent upon you not remarrying. You need to have a local attorney review your decree.
Answered on Dec 05th, 2012 at 2:19 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Your right to receive retirement should not have anything to do with you remarrying. Have an attorney review your divorce decree. If the retirement was in the nature of spousal support, then you remarrying stopped the right and being single now does not give you the right again. Opinion not legal advice.
Answered on Dec 05th, 2012 at 2:18 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You remarried. End of story.
Answered on Dec 04th, 2012 at 4:43 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That question can only be answered by examination of the divorce decree and the law of the state where it was entered and with more information about what the "retirement" is that you are referring to.
Answered on Dec 04th, 2012 at 4:42 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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I question the validity of a California decree providing for the forfeiture of what I assume is a community property interest in H;'s retirement upon remarriage (unless it was a form of spousal support and not a property division), but if valid the remarriage would not be cancelled by subsequent termination of the later marriage. In other words, if the right was indeed lost due to the re-marriage, the "re-divorce' would not revive it.
Answered on Dec 04th, 2012 at 4:41 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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I suggest you hire a lawyer to review the orders and provide you with an answer.
Answered on Dec 04th, 2012 at 4:39 PM