Once the divorce is finalized, is that it?


#1

Hello. Thanks again for this forum and for answering questions. My question involves dividing the estate after a divorce is finalized. My ex and I focused on child custody during our divorce proceedings. We came to a mutual agreement on this, had our lawyers write out this custody agreement and the judge signed off on it and we had our divorce papers. What I realize now (2 years later) is that we never divided the estate. In other words, there was child support, dividing the 401K plans, etc that never took place. Is it possible to now go back and divide the estate or did we miss that chance by not including that in the document the judge signed off on? If it is too late, would the child support be considered separate from the estate and would one of us still owe the other one that money?

Thanks!


#2

You are never prevented from bringing a claim for child support. Either party can file an action for child support at any time. Dividing the estate, however, is a completely separate action.

If you have details about dividing the marital property included in a separation agreement, you can enforce the terms in the agreement. If no document controls your property division, and you failed to preserve an equitable distribution claim at divorce, then you may be out of luck. See page 3 of our DIY Divorce eBook for more information about preserving the ED claim.