Legal Question in Family Law in Tennessee

renegotiate divorce decree

My husband, retired military, divorced his 1st wife in 1996. She gets 1/2 his military pension by law, and that's OK. However, in the divorce decree he agreed to pay her house payment, which he thought he was agreeing to be paid out of her 1/2 of the pension. So, he actually gets nothing for himself from his 20 years of military service. Is there some way to re-negotiate this agreement? Can he really sign away all his pension?


Asked on 4/02/07, 12:29 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: renegotiate divorce decree

The quick answer is that there is probably nothing he can do at this point. I urge you to tell him to contact his divorce attorney or a new attorney familialr with family law and see if there is anything that can be done at this point. THere is a rule of civil procedure (RULE 60) that deals with mistakes and he might want to talk to his lawyer about that. Also, depending on the wording of the decree/agreement, the portion of the order requiring him to pay the house note is possibly in the nature of support which may be able to be modified upon a change in circumstances. Has she re-married? Has she hit the lottery? Has your husband had an unexpected reduction in income? Really, I think it would be wise to pay for a consultation with a knowledgable lawyer and get a thorough review of the situation. Best of luck.

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Answered on 4/02/07, 12:52 pm


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