Can I be forced to retire so that my ex-wife can begin to collect a portion of my retirement?

UPDATED: Jun 7, 2011

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Can I be forced to retire so that my ex-wife can begin to collect a portion of my retirement?

I have been divorced for several years now and am a 57 year old government employee. My ex-wife was awarded a portion of my CSRS retirement. Now my ex is taking me back to court in an attempt to force me to retire so that she can start getting her portion of my retirement. I am remarried and not ready to retire. Can she force me to retire?

Asked on June 7, 2011 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, she most certainly CANNOT force you to retire early, or indeed to do (or not do) any other form of economic activity. Slavery in this county--the right to make people work or tell them how they must work (including retire) was ended 150 years ago.

The only way she *might* have some rights against you in this regard be if in the divorce agreement, you voluntarily agreed to retire by a certain date so she could receive a portion of your retirement funds, or otherwise volunteered to give her a potion of your retirement by a certain date. If you voluntarily entered into an agreement in this regard, that may be enforceable. Otherwise, if you agreed to pay her a certain sum per year  or on (or starting a certain date), she can force you to pay that sum--but has no control over where or how you get the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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