My STBX and I signed a separation agreement that stated we are both to keep any retirement funds, insurance, etc that is in our own name.
He stated at the time that he had no retirement funds.
It turns out, he did indeed have a 401k, and he knew about it (I have an email stating that he found out about it a few weeks before the papers were drafted), but he deliberately neglected to mention it. Now he needs me to sign off on him emptying it out because of a survivorship clause, and I am wondering if his trying to “hide” its existence negates the separation agreement?
From my understanding, once signed in front of a notary, a separation agreement is a legally binding document. If he deliberately lied to cover up funds, and got my signature as a result, does that carry any sort of legal ramifications?
In other words, did he get away with stashing secret money since he got me to sign papers under false pretenses, or could he be in serious trouble for doing so?
Your husband hiding assets does not by itself void the separation agreement.
Check the standard provisions in your separation agreement. Usually there is a clause that states what happens if one spouse does not disclose an asset during the negotiations of the terms for the separation agreement. For example, the separation agreement may say that you shall receive 75% of the marital value of any asset not disclosed by him.
If your husband deliberately lied to conceal an account and predicated your signature to the separation agreement on that, then you may be able to file an action in court to rescind the separation agreement based on fraud, undue influence, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ex has conceded that he hid the 401k and offered to send me 15% as compensation. I have the emails he wrote stating such. Now he has sent the official civil action starting the divorce but has not sent the promised funds, nor does his action mention them. I tried to contact him about the matter and his response was “talk to my lawyer, we’re in litigation, I’m not discussing this with you.” His lawyer is not responding to my calls either.
If I choose to pursue this matter, what steps would I take? Are his emails stating that he did, in fact, hide the 401k and that he intends to pay me a portion of it considered legally binding, or are they strictly evidence if I decide to take him to court?
I want him to do what he said he’d do, but I’m not willing to spend hundreds (if not thousands) of dollars chasing him down for a couple hundred dollars - it would be a net loss in both time and money to do so. If I have no recourse without spending more than I’d get back, I’d like to know before I open this can of worms.
If your separation agreement allows for you to file an equitable distribution claim for the asset that he failed to disclose, then you can file a counterclaim to the absolute divorce complaint.
The emails would be used as evidence that he knowingly failed to disclose the retirement account but his offers to let you have 15% are not binding on him.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.