Legal Question in Family Law in Washington

Recovery of maintenance in ''perpetuity''

I was married to a naval officer and when we divorced, the divorce decree stated that I would receive maintenance of a certain percentage of his retirement income ''in perpetuity.'' There were no other stipulations, such as ''until remarriage.'' I was intimidated into NOT having my own lawyer, and I did not really understand the whole process nor did I understand what perpetuity meant. I did remarry a few years later, and my first husband stopped the maintenance payments. (I had not opted for the automatic-from-the-navy payments that I could have.) I tried some time later to challenge him directly on the ''perpetuity'' aspect of our divorce agreement, but he was so hostile, I did not pursue it further. I am no longer married to my second husband and receive no alimony or maintenance of any kind from him. Is there any way I can get my ''perpetuity'' payments back? We were not married long enough for me to qualify for Naval Legal Assistance. He is still living. Thanks for any direction you can give me.


Asked on 12/04/06, 3:56 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Recovery of maintenance in ''perpetuity''

Spousal maintenance in perpetuity is non-standard language in a Washington Decree of Dissolution of Marriage. In the absence of explicit language to the contrary the default on maintenance is that it ends upon remarriage of the recipient. I would recommend that you have the decree reviewed by an attorney.

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Answered on 12/04/06, 9:32 pm


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