Is a settlement of a persons pension in a divorce considered alimony?
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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 12 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 12 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.
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