QUESTION
Can ex spouse modify her portion of military retirement to the military member. The division was ordered by the court.
Asked on Dec 09th, 2015 on Divorce - Arizona
More details to this question:
By divorce decree, as a retired military member, my retirement was split 69/31 with 31% going to my ex-spouse. Am I correct in understanding that military retirement pay is considered marital property and once the disposition is finalized, there are very few reasons the disposition could be modified? What would be justified caused to modify? Currently ex spouse is significantly incapacitated due to brain injury. We have a residual joint tax debt. I have been paying my obligation through a bankruptcy and she pays hers through an IRS agreement but no is not in a position financially to cover obligation. Would this circumstance qualify for her to discharge her claim to the share of the retirement where I would get 100% of the retirement in turn for me picking up her tax obligation? Both reside in Arizona and where Arizona residents at time of divorce decree. How does this fit within the AZ statute 25-327?
1 ANSWER
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Spousal support is very difficult to modify in Maricopa County if the Decree states it is non modifiable in amount and duration. An exception would be by agreement of the parties. Other reasons will be fact sensitive.
If you need to be indemnified because you are paying a greater share of the tax burden, spousal support may be a source for getting reimbursed. The spousal support does not necessarily have to be modified -- but redirect to pay off the other spouse's share of other obligations.
Please call for a more indepth consult.
Marie Zawtocki
480-655-0733
Zawtocki Law Offices, PLLC
Answered on Dec 14th, 2015 at 1:59 PM