Legal Question in Family Law in Virginia

My first wife and I were divorced in 1992. At the time she was awarded 50% of my Army retirement pension. Also as I was working in a civilian job she was also awarded $250 a month as spousal support. I have since remarried and finished working (I am now 72 years old) and when I started taking Social Security my first wife opted to get her share of that as my former spouse.

So she is now actually getting over 50% of my retirement pension and I thought that this was not allowed. The $250 has to be taken our of my retirment poension or from my SS. And she is getting her share of the SS.

My divorce was granted in Virginia and I now live in Malaysia. Do I have a chance of being able stop the $250 a month spousal support?

Thank you.

John


Asked on 12/08/10, 10:05 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, but (assuming that you were divorced in Virginia), a lawyer from that state will need to review the divorce paperwork, including the property settlement agreement (if there was one) involving the first wife.

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Answered on 12/14/10, 7:09 am
Paul B. Ward Law Offices of Paul B. Ward

You can get a reduction or elimination of the $250 spousal support by filing in the Virginia jurisdiction which granted the divorce, claiming a material change in circumstances -- your retirement.

She does not actually get a portion of your SS; as a former spouse she can claim SS based on your earnings, but what she gets does not reduce your SS.

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Answered on 12/15/10, 8:53 am


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