Is a settlement of a persons pension in a divorce considered alimony?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a settlement of a persons pension in a divorce considered alimony?
We had a previous agreement in our divorce and she didn’t want any alimony but now she wants a part of my municipal pension. We were married 5 years at the time of the agreement.
Asked on July 31, 2011 Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with a family, matrimonial, or divorce law attorney. As a general matter, once there is a divorce agreement or settlement, that settles the matter--an ex-spouse can't come back and ask for more than what was in the agreement. There are a number of situations, though, that may let her do this, which is why you should consult with an attorney; e.g.--
1) You have breached your obligations (e.g. not paid what you should have), which may allow her to go back to court to look for payment from some other source;
2) You lied about the existence, terms, amount of, etc. the pension, so that the agreement was not entered into knowingly;
3) Without fault on the part of the ex-spouse, it was impossible for her to know of the existence or amount, etc. of the pension.
Therefore, while generally, an ex-spouse can't open up a divorce ageement to seek more, you need an attorney to evaluate the specific facts of your case.
Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with a family, matrimonial, or divorce law attorney. As a general matter, once there is a divorce agreement or settlement, that settles the matter--an ex-spouse can't come back and ask for more than what was in the agreement. There are a number of situations, though, that may let her do this, which is why you should consult with an attorney; e.g.--
1) You have breached your obligations (e.g. not paid what you should have), which may allow her to go back to court to look for payment from some other source;
2) You lied about the existence, terms, amount of, etc. the pension, so that the agreement was not entered into knowingly;
3) Without fault on the part of the ex-spouse, it was impossible for her to know of the existence or amount, etc. of the pension.
Therefore, while generally, an ex-spouse can't open up a divorce ageement to seek more, you need an attorney to evaluate the specific facts of your case.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.