Any hope of renegotiating an arbitrated settlement?

[shortstick]

Apologies to all readers in advance for the size of this post. I didn't intend it to become a short story.

I'm wondering if there is any precedent for revisiting an arbitrated settlement agreement?

I entered into an arbitrated settlement which basically left the wife with most of the marital assets plus a non modifiable lump-sum payment that is being paid in monthly installments over an 8 year period. I have just made the 24th payment.

The facts are these:
- we were married 23 years
- I made approximately $70k gross for the 10 years prior to our divorce
- she worked at various low paying jobs during the time, never earning more than $20k year.
- in the settlement agreement, she gained title to a home that had $70K equity while I got a house that I eventually sold for a $45K loss
- She got almost all of the joint martial property. I got about $8 of personal property and that includes my 15 year old car.
- the lump sum amount was approximately $150K to be paid over an 8 year period.
- we have 2 children, both of whom are now over 18. there was never any child support involved since my son chose to live with me.

By my reckoning, if all monies are paid, she will have received $225K while I will have received about $60K. She had obviously been cheating on me as evidenced by the man that came out of hiding 2 weeks after the divorce was final. We had been separated about 13 months before that. Since that day, he has provided a new house for her, she has moved out of state and enjoys a standard of living far above what we had when we were together. He spends most of his time at the same address.

I presently live in an 800 sq ft 2 bedroom townhouse with my 18 year old son who I am putting through college. My income is unchanged and the townhouse has an $80k mortgage balance. My marital home had to be sold in pre-foreclosure for a $45K loss which I am presently paying as an unsecured loan to the secondary mortgage company scum. My standard of living has dropped to less than half of what it was pre-divorce while my wife enjoys a lifestyle that my son describes as 'swanky'.

I realize that I had a crummy lawyer, so no one needs to point out the obvious for me, but I'm wondering if there is any mechanism by which I can appeal this settlement.

When we were preparing my side of the case, I told him that my primary concern was that I not be made to pay alimony for the rest of my life. I wanted an end point. He therefore recommended the lump sum option. I have since learned that Florida court regards lump-sum alimony as a form of property settlement with rights of survivorship beyond both mine and my exes death. It was my understanding also that alimony would cease upon her death or remarriage and I was expecting that she would get remarried in less than 8 years even before I knew about the secret lover. lump-sum also takes that off the table.

Here is the basis for my desire for reconsideration:
- the $164K difference in equity is egregious. I pay her $1,600/mo of my $5,300 net income

I am living in near poverty. after paying bills each month, i have less than $200 of disposable income to spend on anything above the bare necessities of life. Unless I get a dramatic change in my income level, this will continue for at least 6 more years, when I turn 58.

- the ex is in a supporting relationship with another man.

He is also quite well off. Her home is one of many that he has and he is quite wealthy. She doesn't need my money.

- She was clearly in an illicit love relationship while we were still married. Infidelity is recognized by Florida as one of the factors that a judge may use when considering an award of alimony.

- The settlement agreement itself is ambiguous. While it states that the alimony is 'income to the receiver' and 'a deduction of income to the sender', it also does not state that it is to end at her death or remarriage. It does however label the $150K as non-modifiable lump sum alimony.

At this point, I don't really even want to renegotiate the split other than to gain a relief from any further payments. that would constitute a $115K reduction in the amount that I would pay. This would modify the asset split to about 50% which I would consider fair.

Do I have any chance at all?

I had this new thought while reviewing this huge post. While the lump sum may be off limits, could I ask for reconsideration of the equity distribution from the sale of the two homes involved in the martial property split? We had just bought the second home with the intent to sell the other when my wife decided to walk out. she went back to the house we had just moved out of, and that is what led to us owning two homes. We were in the process of leveraging into a nicer home. I ended up with all the debt while she ended up with all of the equity when she cashed out of the earlier home. There were a lot of other martial assets, but we didn't inventory them so I don't think I could prove the value of anything else.

[Attorney Howard Iken]

I had to wait until I had a bit of time to read your post

My answer is not going to go the way you want.

First, property division is not modifiable after final judgment. That is pretty much an iron clad concept.

On the lump sum alimony issue. Lump sum alimony can either be a form of support or a form of property distribution. It comes in both flavors and normally there is some sort of characterization in the marital settlement agreement.

If property distribution - like I said, it is not modifiable. If support - modification is sometimes possible. The problem is you specified "non-modifiable." This term is taken seriously by the courts.

Also, as you hinted, the term "lump sum" has some independent meaning. In your case it means your ex has something called a "vested interest" in the entire amount. That means the whole amount is her property right now - even though it is being paid in installments. That further closes off your options.

A final observation: the only other option is a motion to set aside the agreement and the final judgment. The standard on this is whether your spouse fully disclosed her assets and whether you had opportunity to understand the full financial picture. My guess is that you had an attorney - which eliminates this option.

Sorry.


Attorney Howard Iken
The Divorce Center

[creole311]

At the end of your reply you said, "My guess is that you had an attorney - which eliminates this option."

Would it have made a difference if he had not had an attorney?

I have a similar situation but did not have an attorney. I am supposed to pay my ex in-law's $20,000 and that was put under the property's section of the agreement. I know you said that property was NOT modifiable. The 20K is for money that was borrowed while my ex and I were married for a down payment on our house. Well in the divorce she got the house and all the equity. So I will be paying this money for nothing. Am I just screwed becasue I didn't have an attorney? I know I shouldn't have signed agreeing to do that. Any advice is appreciated.

[Attorney Howard Iken]

Not having an attorney does not allow you to automatically get out of a judgment or agreement.

But the presence of an attorney will keep you from claiming you didnt have enough info to make a decision.