Divorce settlement left "open" by Judge...what?


#1

My husband was granted a divorce last year and the presiding judge added a notation on the divorce judgement document. She wrote the following notation above the date and signature:

“The parties rights to claims of equitable distribution and alimony are preserved.”

The judge initialled and dated the notation. What exactly does this notation mean? There was no separation agreement and there have been no actions by either party to do any type of equitable distribution as there are more debts that assets. The ex-spouse has asked for 401k distribution but is not agreeable to any other provisions without legal proceedings. She continues to threaten to get a lawyer but does not take any action to do so.

Appreciate your insight into what actions would be allowable based on the judge’s note.


#2

Thats because they have EVERY intention of filing for alimony and/or equitable distribution of assets. And now that they are legally divorced from you, you have lost some bargaining power.

My guess is they had an attorney and you did not.


#3

It is not usual for a judge to make that notation on a divorce judgment unless there are pending equitable distribution or alimony claims.


#4

Just to clarify, I am not the ex-spouse (wife) in this scenario. My current husband was granted the divorce and we are wondering what the notation from the judge means as far as the rights of the ex-spouse (wife) to at some point, get alimony and act on any equitable distribution claims. Neither party had a lawyer representing them in court. The ex-spouse continues to request her portion of the 401k. [color=#FF0000]I would like to hear a little more from the lawyer regarding the implications of what the judge noted on the divorce order please. [/color]

Thank you


#5

In a similar situation, so my question is how long does the claim remain in preserve status if there is no action on the claim?


#6

This is a question with no answer, as there is no statute of limitations. The court is not supposed to preserve an issue in a divorce decree if there is not one already pending, but that doesn’t mean that this does not happen. The order is improper, and should be amended, as such, you need to file a motion to amend the divorce judgment. Refer to Rule 59.