If my divorce was finalized3 years ago, can my ex go back try to go take and get rights to my annuity and pension?

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If my divorce was finalized3 years ago, can my ex go back try to go take and get rights to my annuity and pension?

We were married for 8 years and have been divorced for 3. At the time of the divorce she wanted nothing to do with my retirement funds. She is now threatening to take me back to court to take from my annuity and pension. I have a decree that states for me to pay $500 in child support and no alimony. I do not see how she could do this since we already have a court ordered agreement.

Asked on October 28, 2010 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is HIGHLY unlikely that she would succeed with that endeavour, especially if there was full disclosure and she waived her rights.  She had adequate counsel, right? And that counsel advised her of her rights under the law, right? She is just blowing off steam. However, she could ask for a modification as to some issues if there has been a change in circumstances.  That usually applies to custody and support issues when someone loses their job or has to move away, etc.  Being spiteful does that count.  I would take your agreement to an attorney to review or to your old attorney for a consultation to put your mind at ease. It may be worth the money. Good luck. 


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