Issues with ex and separation agreement


#1

Good Morning,
I am a month or so away from filing for divorce from my ex. We are still having issues related to the separation agreement. According to our agreement I am supposed to get 67% of one of his retirement accounts to cover my half of the home equity from the house he is keeping. He wrote up the agreement, I agreed to everything in it to get things over with, and moved on. It was signed and notarized in July of 2010. Now he is claiming that the 67% was more than I was supposed to get and is refusing to consent to this transaction. In addition, he told me he purchased a new car at the end of last year with those funds so that I couldn’t get to them.

I know I have to fill out a QDRO and have it signed by a judge to have the retirement administrators process this request. But what if he has drained the account? Can he be held liable for what is in the agreement? I unfortunately do not have the funds to hire a lawyer so I am navigating this all on my own. He on the other hand does.

Thanks for any information/advise you can provide.


#2

You can file a breach of contract action to seek recoupment for money you are owed pursuant to the agreement if the funds are no longer in the account.