If my ex-wife got a portion of my military retirement and she is not interested in receiving a cash settlement to waive her right to her portion of my retirement, do I have to modify our MSA?

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If my ex-wife got a portion of my military retirement and she is not interested in receiving a cash settlement to waive her right to her portion of my retirement, do I have to modify our MSA?

Or is there another way to do this?

Asked on January 10, 2013 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written with respect to your marital settlement agreement and presumed judgment with respect to it, if the judgment of dissolution and the marital settlement agreement do not spell out clearly when your "ex" begins receiving a portion of your military retirement, the amount and for what duration, such needs to be clearly set forth in an amended marital settlement agreement and amended judgment.

Good question.


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