Legal Question in Family Law in Virginia
alimony and military retirement
Am currently engaged to a retired military man and we are planning a wedding in March 06 when his divorce is final.(they have been legally seperated for 3 years now)He does not have an attorney and entered an agreement with ex wife for 48%military pension plus alimony.Wife is employed as real estate agent ,children are now adults.Can this crazy arrangement be changed prior to the divorce.Wife left him for a gay lover(she lives with the gay lover) and it looks like she will profit for a lifetime as the military pension and alimony will be unending and she is not likely to marry!
2 Answers from Attorneys
Re: alimony and military retirement
Virginia Code provides that private Property Settlement Agreements cannot be altered or modified by a court. Short of fraud this is an Agreement that cannot be broken.
Re: alimony and military retirement
It would appear that your intended has entered into a bad agreement(from his perspective, obviously). One reason may be that he did not have an attorney to advise him appropriately before he signed for this "legal clunker".
Whether this "crazy arrangement" (to use your characterization) can now be rescinded or altered is a question for an appropriately qualified attorney after he or she has had the opportunity to review all relevant documents and facts associated with this matter.
What you've described often happens to folks
with legal matters who think they're smart enough
to handle things on their own in the interest of saving a few bucks that they later will pay out in spades.
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