limitations on military divorce agreements

[tammylchaney]

What is the name of your state? Georgia

My new husband was divorced just this last February. He is 20 years Military.
His divorce settlement states that his former wife waived her rights to the military benefits entitled to her at his retirement in 2006.
My question is what are the statute of limitations on this settlement and can she (should she choose) come back and file suit to change the divorce settlement after he retires and get up to half of his retirement benefits. Is she legally entitled to this after the agreement was made that she would not.

She is a nice person and I personally do not have a problem with her. She does not cause problems in our marriage. She is however, Bipolar and I am afraid with this disorder she might "Change her mind" so to speak.
Just keeping an eye on our future. To know how to enter into it should she be able to do this.

Any help given would be appreciated.
Thank you.

 

[bulldogg70]

She waived her rights for the pension, all sounded good until you mentioned the mental defect she has. If this mental defect could interupt her ability to understand what took place then it could be back up for consideration. Also if they have been married for the duration of that 20 years, and a stay at home military mom, she could also come back for Spousal maint.

 

[LdiJ]

She waived her rights for the pension, all sounded good until you mentioned the mental defect she has. If this mental defect could interupt her ability to understand what took place then it could be back up for consideration. Also if they have been married for the duration of that 20 years, and a stay at home military mom, she could also come back for Spousal maint.

I agree with what bulldogg has said. However I will also add that the other terms of the settlement are also signficant. Generally when someone waives their right to a military pension, they are recieving something else in the settlement that has similar value.

If she re-opens the settlement she re-opens the ENTIRE settlement. If she was represented by an attorney then her rights were probably properly protected. If she wasn't, and/or the settlement was very one-sided in your husband's favor it could get complicated.