Terms of divorce

Most likely the provisions in your divorce decree were independent of each other, which means that even though your husband did not follow through on his obligations, you still cannot pursue his retirement funds. However, to be sure, I suggest a consultation with a reputable family law attorney to review your divorce decree. Good luck!

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

I was divorced in North Carolina in 1998. The terms of the decree instructed my ex-spouse to assume responsibility for all incurred debt, some $50K, and I relinquished rights to his military retirement. He never paid the debt, instead filed for bankruptcy protection. Does that change my position at all? In other words, can I now file for rights to his retirement?