Legal Question in Family Law in Ohio
Divorce Settlement
My mother-in-law married a divorced man ten years ago. In his divorce settlement with his ex-wife he agreed to give his retirement to her after he dies. He was also very sick with diabetes at the time. Is there any way my mother in law can contest this...because when he dies she gets nothing.
1 Answer from Attorneys
Re: Divorce Settlement
Unfortunately, the divorce "settlement" is now a court order, and your mother-in-law has no standing to contest its terms. However, his ex-wife is only entitled to the retirement that he accumulated during the 1st marriage, and any appreciation that it might make. If he happened to accumulate any more after the marriage, that portion is his, free of any claim of hers. I would refer to the divorce decree to see exactly what it says.