Divorce Settlement

[ppez]

What is the name of your state (only U.S. law)? Arizona

I was awarded half of my former husband's military retirement. When we sold our house, I took all the proceeds ($26,000) and gave him back my half of the retirement. We did not use an attorney for this, I only signed a notarized note stating this. I have since had some health issues that have prevented me from working and I asked him to let me have the money back, which he has declined to do. I have heard that only a judge can change the terms of a divorce settlement and that my former spouse would have to go that route to deny me the money. I would like to know if that is the case. I also would like to know how binding a notarized note is.

[mistoffolees]

Originally Posted by ppez

What is the name of your state (only U.S. law)? Arizona

I was awarded half of my former husband's military retirement. When we sold our house, I took all the proceeds ($26,000) and gave him back my half of the retirement. We did not use an attorney for this, I only signed a notarized note stating this. I have since had some health issues that have prevented me from working and I asked him to let me have the money back, which he has declined to do. I have heard that only a judge can change the terms of a divorce settlement and that my former spouse would have to go that route to deny me the money. I would like to know if that is the case. I also would like to know how binding a notarized note is.

While only a judge can revise a divorce decree, your note may be considered a contractual issue - where you receive the proceeds from your home and agree to refund him the retirement amount awarded in a divorce.

You should see an attorney who can look at the exact wording of your decree and your notarized note and let you know your status.

People would be so much better off if they spent a couple hundred dollars on attorneys up front rather than trying to do things on their own. Exchanging his half of the proceeds of your home ($13 K) for a pension which could run for decades is something that an attorney would probably have tried to talk you out of right up front (assuming that the pension is any reasonable amount of money). It may be too late to unwind it.

[Ohiogal]

Are you willing to give him back his portion of the equity of the house that you took instead of the retirement income? You come up with that money and he will come up with his retirement. That is how a judge will most likely see this. You don't get to double dip -- there is a little thing called UNJUST ENRICHMENT. Do not look at a Court to see you kindly. Your notarized note is most likely a binding contract. Which has already been completed. A court OR the MUTUAL AGREEMENT (i.e. your note between the two of you) and the actions on both sides have changed the divorce. Why do you feel you have the right to profit and bilk your ex out of his money?