Legal Question in Family Law in South Carolina

Divorce

When my husband divorced his ex-wife, she was awarded 27% of his military retirement. He said his lawyer at the time told him that he had to give it to her or she would get more. If they end up back in court over child support, etc...he is planning on trying to get it changed where she is not entitled to any of his retirement. Is there any way that he has a chance of being successful and keeping her from getting any? What are his options? Does he have any? He has worked way to hard at his military career and she is the one who cheated on him when they were married and wanted the divorce. Do you think he can get this changed?


Asked on 3/10/08, 9:00 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Divorce

Under South Carolina law, it is very, very difficult to have an asset/debt distribution modified after a case is over (and the time to appeal has run). Based on your inquiry, it sounds as though quite a bit of time has passed, which will make it even more difficult.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/10/08, 3:15 pm


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