Protect my retirement


#1

In 2004, my ex and I put together a legal separation agreement that outlined child support, alimony and her share of my retirement which is 35%. We were divorced in the NC court in 2006. The agreement was not entered as our divorce decree so it is not enforced as a court order but it was observed for these many years. I am a military member stationed overseas and a legal resident of Florida. She is a resident of NC.

A clause in our child support says that she agreed to release me from any future claims of child support. She did just that recently. By doing so, she violated our agreement and lost her alimony. She has accepted that court costs will outweight any alimony she would win in a court fight. However, the retirement pay is still an issue.

Since the retirement is outlined in an agreement that is not a final decree or a court order, and because the state of our agreement is in question, will DFAS automatically cut her a portion of my retirement? Is there anything I can do to protect my retirement from her? Or at least make it extremely difficult for her?


#2

Your retirement plan will not automatically divide benefits. The division will only be made pursuant to a court order. These are court orders entered into by consent by the parties according the terms outlined in the separation agreement.

Your agreement to divide the retirement is binding, however, and she may sue your for breach of contract if you refuse to facilitate the division.