What to do if ex’s assets were not mentioned in the decree?

Question:

I recently discovered my ex-wife has a pension plan, and I also found out her company had a profit-sharing plan where employees get a percentage of their salary as a bonus based on the company performed that year.

This was not addressed at the time of the divorce. Do I have any recourse to claim some of that property?

Answer:

I recommend that you speak with a domestic litigation attorney in your jurisdiction to address this issue. I do not practice in Arizona, so I can only speak in generalities based on my experience.

In most jurisdictions, the property division is final as of the date of the divorce.  If your divorce has already been granted, there are limited options for you.

If some of her assets were not disclosed – you mention your recent discovery of her pension and profit sharing plan – then you may be able to reopen the judgment because these assets were not addressed and allocated in the original judgment.

If they were addressed, then your options are more limited. You could appeal the judge’s decision or you could ask that the judge reconsider the decision depending on what evidence you have.

As I mentioned, I do not practice in Arizona, so I cannot inform you as to the state’s specific laws. You should contact an attorney in your jurisdiction to assess all of your options.

 

Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.