Legal Question in Family Law in Georgia
changing agreement in a divorce degree
husband & wife divorce after 10 years of marriage in 1999. 1 child who will be 17 in 12/07. Husband does not get his own lawyer and is just concerned about having as much access to child as possible so pays child support every month and agrees to all of wife's demands. He is a professor who had been teaching 10 years before marriage. He is age 45 at marriage..wife age 27. Wife is a teacher and continues to teach never losing any time for marriage or childcare. She has an ample salary and retirement benefits. Wife remarries 2 years after 1999 divorce. That marriage lasts 2 years ... the professor husband remarries in 2003 and is still married. He is now 61 and has decided to retire and is choosing a retirement plan. His ex-wife says she is still the beneficary on his life insurance and all his retirement because in their 1999 divorce degree he signed off on those divorce terms. The husband does not feel that the ex-wife deserves to be his sole beneficiary since she remarried and he has remarried. The ex-wife has her own retirement benefits. He believes and has stipulated to the retirement system that his current wife (age 61) is his primary beneficiary & child secondary. What can he do to assure this outcome? Lump sum, no bene?
2 Answers from Attorneys
Re: changing agreement in a divorce degree
It is impossible to give you a reliable answer without reviewing all the documents. Consult with a local attorney.
Re: changing agreement in a divorce degree
Once a divorce sets beneficiaries on a policy and retirement plan, that can never be changed. He should see a lawyer at once before he gets himself (and his new wife) into serious legal trouble.