Changes to a Filed Marital Settlement Agreement

[confusedingville]

A Marital Settlement Agreement has already been signed and filed with the court. We are awaiting a hearing on 7-15-09. In the settlement, it was agreed that each parties 401k/retirement plans would remain with the owner of the account. A Nationwide Pension plan was listed with no value, because a lump sum withdrawal had been taken when employment ended and it was believed to have no remaining balance. Nationwide is currently showing a closing balance as of today of $395.00, however there is a defined benefit to be paid of $385.00 when the retiree reaches age 65. Can the non owner/spouse of the pension now come back and request 50% of that, when the settlement has already been recorded and filed?

[Attorney Howard Iken]

You can try. Now is the time to do it.

If the mistake was caused by lack of proper disclosure, or possibly fraud, the court may choose to invalidate the current agreement.

If the other side decides to fight - this is a very technical and difficult procedure.


Attorney Howard Iken
Divorce Attorneys