Statute of Limitations on Equitable Distribution


#1

I have already been divorced several years. Equitable Distribution was preserved by my attorney, however there was never any distribution given to me.

I was told that the funds from my husbands Retirements were insoluble at that time. He has retired two years ago and of course does not want to give me the portion of the equitable distribution that was awarded to me by the court. What should I do to get the portion that was awarded to me at that time.
Is there a statute of limitations on the equitable distribution that was awarded by the court?


#2

Unless you had a claim pending for equitable distribution at the time your divorce was granted, you have lost your right to assert your claim. Divorce judgments that “preserve” the issue without having a claim actually being filed are improper and as such, there is no statute of limitations for filing a claim based on the preserved issue in a divorce judgment. You should have a consultation with an attorney in your area to determine if you have any remedies available to you.