• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Military, need help with Community Property issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

AZdave

Guest
What is the name of your state? Arizona

I am an active duty service member serving in the USAF. I was on active duty when I got married, 1987. In 1993 I was stationed in Panama and got a seperation from my wife. In our seperation agreement I took all debt which totalled $4400 in exchange for her not to touch my retirement pay.

The seperation agreement says "Wife, in consideration of this separation agreement, waives any right to such benefits and expressly agrees not to seek benefits under any divorce proceeding which may hereafter be instituted." Also toward the end of the Seperation agreement it has a statement that says "The parties further agree that no oral action may rescind this agreement and that it only may be modified, amended or voided by written agreement with signatures of both parties, or by the parties resuming to live together as husband and wife."

During the seperation I paid all of the $4400 debt off and we both got back together in April, 1995. Now her laywer is coming after me for a portion of my retirement. Military retirement is is considered community property. Didn't she give up the right to that property? Does she have any claim to my military retirement? Any insight would be greatly appreciated.

Total marriage while in the service is 16 years.

Thanks.
 


H

hexeliebe

Guest
or by the parties resuming to live together as husband and wife
And this is the hook her attorney is going to try and get the court to interpret as recinding the agreement.

we both got back together in April, 1995
How long did you stay together this time?
 
A

AZdave

Guest
Thanks for the quick response

I am now in the middle of the divorce. We have been back together for 8 years 8 months.

The thing that kills me is that I fulfilled my obligation in the seperation agreement, but I guess that doesn't mean squat.

I only got back together with her because I had the understanding that my retirement was secure. Once assets were divided nothing except my retirement actually came back into the relationship. Most of everything else was replaced or sold.

Thanks for any input.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top