Asked 10 months ago - Carson, CAFlag
I live in California now and married my Ex-husband live in Hawaii, He serve the navy for 24 years. can I open the case, Can I still Get half of his retirement?
You should have an attorney carefully review your judgment and the language in the judgment regarding your waiver of those benefits. If you knowingly waived those benefits, then you probably cannot re open the case. However, it depends on how the judgment was written. Without more information it is difficult to give you a definitive response.
If the divorce case was in California, and you waived your community rights to your husband's military retirement pay two years ago, you likely can't reopen the case - unless you qualify for a set-aside under Family Code Section 2120 and its following sections. You should immediately consult with an experienced Family Law Attorney regarding this matter, because Section 2122 sets forth statutes of limitation on set-asides, depending on the basis of the particular set-aside sought.
You need to talk with an experienced family law attorney to review your judgment and the circumstances around your earlier decision. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.
You say you "waived" your rights but it seems more likely you took an offset for them in the division of community property. Certainly if you had an attorney they would have explained the inadvisability of simply foregoing a valuable asset. Also the 2 year delay may be a laches issue. I have to wonder what changed.
If you are receiving "alimony" based on his retirement pay then you are getting your "fair share". Litigation will costs many thousands of dollars-- and possibly cost you your "alimony." This is more then likely not advisable.
25,034 answers this week
2,626 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary