If I divorced my ex-wife 30 years ago and in the decree she was given 1/8 of my retirement but didn’t want it until now, what are my options?

I retired from the military 16 years ago at the time she didn’t want anything. Now I received an email asking for the 1/8.

Asked on August 14, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The divorce decree will control what she is entitled or not entitled to.  If she wants the 1/8, then she will need to send a copy of the order to your retirement company.  If she follows the proper steps, then it will control and she will be entitled to the 1/8.  Your time to object to the award was at the time the final decree was entered. 

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