re open a divorce settlement 4yrs old.
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re open a divorce settlement 4yrs old.
We did a ‘no fault’ divorce. We divided up money and property.
My wife is now claiming I mis-respresented my income and now wants more money.
However, she handled ALL of the money in the business and personal.
Her attorney has requested from the court to do a financial research.
Asked on March 31, 2019 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your wife is essentially alleging "fraud" or "fraud in the inducement" (i.e. fraud or misrepresentations "inducing" or causing her to enter into the settlement), based on the claim that you misrepresented your income. Fraud can provide a basis to void, or undo, and agreement ("re-open" it, as you say). In your state (FL), the statute of limitations on a fraud claim is four years, so she appears to be within time to do this. Whether she can succeed depends on what she can prove, but she at least could reasonably make the attempt.
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