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Final Copy 288 Ga. 417 S10A1365. MORGAN v. MORGAN. HUNSTEIN, Chief Justice. Jeff Morgan (Husband), a member of the United States Navy, and his former wife, Tina (Wife), were divorced in February 2007 by a final judgment and decree that incorporated a previously executed settlement agreement between the parties. In pertinent part, the settlement agreement provided that upon the retirement of [Husband] from such military service, [Wife] shall be entitled to receive from his retirement benefits only such portion of such benefits as the Navy requires be paid to her. In the event that such payments to [Wife] are required by the Navy, [Husband] agrees to sign any documents required by the Navy to insure that [Wife] receives any such required amount. After entry of the divorce decree, the parties learned that the Navy did not "require" any division of Husband's benefits and in fact had no legal authority to determine the allocation of retirement pay between ex-spouses. See 10 USC

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Georgia Law