Legal Question in Family Law in Utah

Disability Retirement

My husband went on a medical disability approximately 6 months after the final divorce from his prior spouse of 26 years due to false allegations of abuse. (they were found totaly false after investigation was complete). He was placed on a medical retirement. 1 1/2 years later went back to work for approximately 5 months, but, was placed back on medical disabilty. His x-wife was given in the divorce decree (after being taken back numerous times) 1/2 of his retirement pay due to take effect 2007. She has now taken 1/2 of his disability payments. Is this legal, do we have any recourse, to block this?


Asked on 5/21/01, 9:30 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Disability Retirement

She cannot arbitrarily take 1/2 of his disability. There must be a court order or agreement between them for her to get the money. If she obtained the money as part of an agreed settlement or court order then there is nothing which can be done to change the order unless you can prove fraud on her part. Fraud is difficult to prove.

If she does not have a legal entitlement from a court order, she is not entitled to the disability benefits.

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Answered on 6/25/01, 2:58 pm


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