My divorce agreement with my ex-wife states that she is entitled to 1/3 of my FERS gov't. retirement. She re-married 1 month after the divorce was final. Since she will now benefit from her new husband's retirement funds, can I legally have my divorce property agreement changed so she does not receive any of my benefits? Does she have to agree to this? We were married 22 years and she already received 1/2 of my TSP fund at the time of separation.
2 Answers from Attorneys
It is most likely that the agreement states no change can be made in it except as agreed in writing by the parties. Retirement provisions are viewed largely as property matters, rather than support matters.
Unless your divorce agreement provided for your right to
seek modification under certain enumerated conditions, it is
now very likely that such modification is no longer possible absent
the agreement of your former spouse.