Can I get a post-judgement modification of my divorce decree if my wife misrepresented her finances at the time that out divorce agreement was entered into?
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Can I get a post-judgement modification of my divorce decree if my wife misrepresented her finances at the time that out divorce agreement was entered into?
The decree states I must obtain and purchase medical and dental policies for my spouse until her death or remarriage. The divorce was filed 4 years ago and she has been on COBRA for nearly 3 years. COBRA expires in about 5 months. I have been trying to work to get another policy and she is very uncooperative and unreasonable. I am also trying to get her to agree to an end time on this obligation since I entered into the divorce agreement based on her misrepresentations of some key facts: concealed income, hidden bank accounts, etc (of which I have the proof).
Asked on August 15, 2011 California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have proof of concealed assets that existed at the time of the marriage and were there when you divorced and were commingled accounts (i.e., marital assets and not pre-exisitng separate assets that stayed as separate assets), then you need to bring this to the attention of the court as an issue of your ex-spouse's contempt and also as concealing accounts, which is illegal in a community property state. You must be very careful. If these accounts existed at any point before your marriage to her and the monies were never withdrawn to be used as marital assets or used for marital debts, then those accounts stayed as separate properties. You file this motion in court to seek a modification. As to the support for medical and dental, make sure you push that she has the economic means to maintain her own insurance and even if she doesn't, she is not cooperating in terms of accepting reasonable coverage and therefore, this requirement should be negated.
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