Is it possible to ammend property division regarding a divorce from 7 years ago?
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Is it possible to ammend property division regarding a divorce from 7 years ago?
I divorced after 33 years of marriage. The combined total of our 401(k)s was divided 50-50. We also agreed on other property division. I know now that he has a pension he neglected to bring up during the divorce. I had thought that because he was no longer in the union there was no pension. I didn’t ask the question. My income is about $50,000 and I think his is about $90,000. In addition he will have health coverage, assuming the entity is around to pay. I heard that it might be possible to ask for an ammendment to the property division so I could receive half? Possible?
Asked on January 6, 2012 under Family Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I think that it is with out a doubt some thing that you should explore with an attorney in your area. The problem that you may run in to is the statute of limitations depending on the basis for your attempt to "amend" as you put it the divorce settlement. Obviously there is fraud involved and probaly perjury if he signed any affidavits of net worth and disclosure forms. You need to explore the best way for you to set the agreeemnt aside or sue him based upon the failure to disclose. Good luck.
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