Legal Question in Family Law in Michigan
divorce/ pension
my friend's divorce papers state under the spousal support area these exact words: ''plaintifffs spousal support obligation shall terminate upon death, remarriage, or change of circumstances of the defendant which includes plaintiffs retirement. does this mean that his pension is free and clear if the defendant remarries? also, they are both to collect 50percent of each of others pensions per the qrdo order, if the defendant has already retired and the plaintiff has not collected yet does the plaintiff get pension repayment retroactive to the retirement date of the defendant? thank you
1 Answer from Attorneys
Re: divorce/ pension
Property settlements are final. I read this to mean that if Plaintiff's retirement funds change that the alimony can be changed, as well. However, the only way you're really going to find out is testing it before a judge. The QDROs are property settlement and cannot be affected.
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