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Does my husband stand a chance?

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LadyQ

Junior Member
What is the name of your state?What is the name of your state? CA

My husband was married for 11yrs with his ex wife in CA, and they do not have any children together.
When they met she worked for 1yr, he then paid for her being able to go to school and get a degree, which took 5yrs, and he paid for her daughters degree as well. After she had finished school, she started her own business which she failed pay any taxes on, and my husband ended up paying the back taxes on this.

In the end they had no assets to divide. They were in such a bad shape; they had to file a chapter 7 together.

Upon divorce in 1995 (she was 46 then, and he was 44) he did not have a lawyer, and he signed some papers in good faith. She works in the court system, and they used a friend of hers to help them out to finalize the divorce.

Since she with her new work was very able to support herself, no alimony was given.

The problem here is that he signed some papers made by her "friend" which were signed by the court. These papers entitle her to half of his retirement money.

A mutual understanding was that if in case she would get remarried, then these papers would be annulled, he thought this was stated in these papers since they talked about it, but upon recent closer examination, this was not stated anywhere in these papers.

When she got remarried in 2002 she notified my husband, they talked and she agreed to sign some papers, which would take away all her claims on his retirement. However it is now 2005 and she has failed to do so, upon their last contact she told him that she had changed her mind, and would not do it.

My husband and me have now been married for 5yrs and he wants to retire next year at age 55. But if she is going to get half of his retirement, this will not be possible.

She is working in the court system and she and her new husband are making a lot more money than me and my husband, if anything, my husband should be entitled to her retirement.

Any help would be much appreciated
 


LadyQ said:
What is the name of your state?What is the name of your state? CA

My husband was married for 11yrs with his ex wife in CA, and they do not have any children together.
When they met she worked for 1yr, he then paid for her being able to go to school and get a degree, which took 5yrs, and he paid for her daughters degree as well. After she had finished school, she started her own business which she failed pay any taxes on, and my husband ended up paying the back taxes on this.

In the end they had no assets to divide. They were in such a bad shape; they had to file a chapter 7 together.

Upon divorce in 1995 (she was 46 then, and he was 44) he did not have a lawyer, and he signed some papers in good faith. She works in the court system, and they used a friend of hers to help them out to finalize the divorce.

Since she with her new work was very able to support herself, no alimony was given.

The problem here is that he signed some papers made by her "friend" which were signed by the court. These papers entitle her to half of his retirement money.

A mutual understanding was that if in case she would get remarried, then these papers would be annulled, he thought this was stated in these papers since they talked about it, but upon recent closer examination, this was not stated anywhere in these papers.

When she got remarried in 2002 she notified my husband, they talked and she agreed to sign some papers, which would take away all her claims on his retirement. However it is now 2005 and she has failed to do so, upon their last contact she told him that she had changed her mind, and would not do it.

My husband and me have now been married for 5yrs and he wants to retire next year at age 55. But if she is going to get half of his retirement, this will not be possible.

She is working in the court system and she and her new husband are making a lot more money than me and my husband, if anything, my husband should be entitled to her retirement.

Any help would be much appreciated

Sad, but he agreed to it, signed it, and got the court to order it. Maybe he can tunc the order "fat chance" but she will know what is going on, and fight that.
 
Last edited:

LdiJ

Senior Member
Your husband seriously needs to get a consult with an attorney...there may or may not be options...but with something like this an internet board isn't the place to get advice.
 

LadyQ

Junior Member
Thank you for the replies, I really appreciate it :)

Yes.. he will see someone today..

Hope it will work out.
 

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