QUESTION
My ex wife is remarried, we had no kids. She gets half of my retirement. Can I take her to back to court to get my retirement back?
Asked on Jan 24th, 2013 on Divorce - Colorado
More details to this question:
We had a Marital agreement signed by both of us%2cstating if she remarried I would get my retirement back . The lawyer I hired for an uncontested divorce intervened and removed that portion by convincing her she was%60nt getting a fair shake. She has been remarried for 2 years and they both work%2c besides getting half of my retirement. We have been divorced since June%2c 2002. The divorce was in Las Vegas. I now live in Colorado%2c she lives in Texas. We had no children. What are my chances of getting my retirement back %3f
1 ANSWER
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I would need more info and I'd like to see the agreement, but if the agreement states that if she gets remarried, that you get your retirement back, then that would likely be enforceable and you could get a court order compelling the retirement plan administrator to return it to you. The tricky part will be enforcement. You might consider registering the case for enforcement in Colorado courts, since neither of you live in Nevada anymore, and then she will have to fight you here. I offer a free consultation if you would like to discuss this further. I hope this helps.
Answered on Feb 20th, 2013 at 1:11 AM