Can he stop his ex from getting his military retirement?

When my husband divorced his ex-wife, she was awarded 27% of his military retirement. He said his lawyer at the time told him that he had to give it to her or she would get more than that. If they end up back in court over child support, etc...he is planning on trying to get it changed where she is not entitled to any of his retirement. Is there any way that he has a chance of being successful and keeping her from getting any? What are his options? Does he have any? He has worked way to hard at his military career and she is the one who cheated on him when they were married and wanted the divorce. Do you think he can get this changed? This has nothing to do with child support. This is separate. She was lazy and never helped him with the house or the kids and didn't have a job either. Then when he was away, she cheats, wants out and a friend of hers told her she could get part of his retirement in the divorce, so she tried...she was asking for 50% but ended up with %27.

Public Comments

1. If he has proof of the cheating i would think he could get a judge to have her give up her right to the money.
2. i don't think so - my mom is totally entitled to a certain percentage of my dad's retirement.
3. He married her, if she was no good he should have divorced her much sooner. She's entitled and unless he can swing a deal that will give her something of equal value, he's stuck.
4. If they were married 10 years or longer she can and will be entitled to it according to the law. Doesn't sound fair but life is not always fair.
5. Once a property settlement is reached and approved by the court in an order, the only grounds for avoiding it requires proof of fraud upon the court. For example, if he could prove that she hid assets of her own, then the court could revisit the whole package. That is rare. The cheating and laziness doesn't matter as morality is not part of the equation in a property settlement. Instead, it is treated like winding up a business partnership and all the assets acquired during the partnership are subject to an equal division, even if one of the partners was a silent partner.
6. doubt itt
7. This article might help explain things.http://usmilitary.about.com/od/divorce/a/divretpaydiv_2.htm
8. Maybe if there is proof she cheated but I am a married to a military man and we have two children. I do not work. He is deployed and I run our household while he is away. Yes I may not work but being a mom and a wife is a job too. I love my husband and I cant see us every divorcing but if we ever divorced everything is split. I put time an energy in this relationship too. If things were so bad ask yourself why HE did not want the divorce. Was it as bad as you think? I am sorry to say but I think he will have to share his retirement.
9. If he has proof of the cheating that led to the divorce and depending on how many years they were married... he may have a chance but he will have to research lawyers to find a good one... I hate using the word "good" and "lawyer" in the same sentence but you get the picture!
10. other than NOT retiring, he probably will be stuck with giving it to her. and yes, I do know people who threw away 20 year careers ,leaving at the end of 19 and forfeiting their retirement just to avoid having to give most of it away to a vengeful ex spouse. Unless she remarries or he can prove that she currently makes more money that he will upon retirement he may be stuck.
11. How long were they married? If they were married over 10 years of his military career, is entitled to a portion of his retirement pay. He can always take things back to court and fight it, but if they've already ruled, he may just be throwing money down the drain. If he doesn't have new evidence (to prove fraud) that warrants them to reopen the case, they won't even look at the case again. His only course of action is to not retire.