Lufkin, TX asked in Divorce and Military Law for Texas

Q: Can you go back to court to get alimony changed on the divorce decree? She gets 50% of his military retirement.

He is retired military and in the divorce decree it is stated that he has to give her half of his retirement as Former Spouse Support.

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1 Lawyer Answer
Patrick Korody
Patrick Korody
  • Military Law Lawyer

A: Alimony and military retirement are generally two different concepts. Alimony is spousal support while military retirement is property division. However, there are arguments that when a spouse starts receiving military retirement, the need for spousal support decreases. Spousal support is generally based on need and ability to pay. if the need and ability to pay has changed, a modification may be warranted. You should consult with a divorce attorney in the state/city where the divorce occurred.

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