Military retirement

North Carolina Divorce Law Divorce and Separation Answers
1

I cannot advise your Husband not to follow the agreement that he entered into. If he believes the Agreement is unfair then he should consult with an attorney regarding the legality of the agreement. If he signed and notarized a legal document, there is probably little he can do to undo the agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My husband is retiring this month after 20 years in the military. 7 years ago, he was divorced from his first wife of 8 years. He was very poorly advised during the divorce and agreed to everything his ex-wife demanded, including 37% of his retirement, two houses, and very high child support. Essentially, she gets his entire retirment check after being married only eight years and supporting her through college and throughout the marriage. She has an established career now of her own and is also remarried. He was told by his attorney to just go ahead and sign the papers because as she didn’t qualify for the 10/10 rule, she would have to take him back to court in the state HE resides in to actually get the money and he could go after her retirement should she take that step. This doesn’t sound accurate to me. Is it worth doing this? Or could he get in trouble? The settlement was clearly unfair, but it isn’t worth him ending up in legal trouble to not pay her.