Legal Question in Family Law in California

I divorce from my ex-husband in 2008. He is retired as a Navy civilian employee and I'm still employed as a Navy civilian employee. The divorce decree states that we each keep our retirement. Now, I heard from a reliable source that he planned on asking for my retirement. Can he go back and ask for my retirement? Please advise. Thank you


Asked on 6/07/10, 3:58 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

He could ask but I doubt he would get it. You don't say, but I assume that the divorce decree incorporated a marriage settlement agreement. He would have to set that aside, and the time frame to do so has been significantly shortened by Family Code section 2122. He would also have to show some fraud committed on your part, or a failure to disclose the existence of the retirement, which from your facts, sounds like he was fully aware of.

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Answered on 6/07/10, 8:44 am


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