# Separation agreement questions after the fact

**URL:** <https://forum.rosen.com/t/separation-agreement-questions-after-the-fact/11361>\
**Category:** Divorce and Separation Answers\
**Created:** [November 17, 2010, 3:11am UTC](https://forum.rosen.com/t/separation-agreement-questions-after-the-fact/11361 "2010-11-17T03:11:28Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![sj2575](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@sj2575](https://forum.rosen.com/u/sj2575)\
**Post date:** [November 17, 2010, 3:11am UTC](https://forum.rosen.com/t/separation-agreement-questions-after-the-fact/11361/1 "2010-11-17T03:11:28Z")

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I have what I think is a unique situation and question. Due to serious medical issues that arose during our divorce and a need to qualify for medicaid, my ex-wife signed a separation agreement where she relinquished all rights/claims to any of our marital assets, my pension & 401K, our house, etc. We both had our own legal representation and there was additionally another attorney in the middle with a specialty in elder-care law and medicaid matters. She was advised that the above was necessary in order to legally qualify for medicaid and SSI. Outside of the agreement we verbally agreed that I would continue to help her financially as I was able, which I still do.  
Whenever we have a disagreement/dispute she threatens to go to another attorney and file to have the original separation agreement re-written…can she do this?  
The above (sep agreement & divorce) took place between 2004-2006.

Also, if I re-marry what happens if she does in-fact tries to get the above changed?

Thank you,  
SJ

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [November 17, 2010, 2:14pm UTC](https://forum.rosen.com/t/separation-agreement-questions-after-the-fact/11361/2 "2010-11-17T14:14:21Z")

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You are not legally bound to support her. She may try and have the separation agreement overturned, but in my opinion such an attempt would not be successful.