QUESTION
After a divorce is finalized in Pennsylvania, can the settlement be renegotiated based upon new evidence?
Asked on Apr 20th, 2013 on Divorce - Pennsylvania
More details to this question:
My divorce has been finalized (in Pennsylvania) for over a year. Prior to our separation (the date he left the marital property), my ex got his girlfriend pregnant (I obviously did not know this). Thus, I could not file on the grounds of infidelity (I knew he was cheating, but my attorney said I needed proof of intercourse. I assume getting his girlfriend pregnant is proof enough). Because I had to file a no-fault divorce, I ended up having to pay him $18,000 as a settlement for his portion of the marital property. So, since I now know that my ex was indeed unfaithful and committed infidelity, can the settlement of $18,000 be renegotiated? It surely doesn't seem like he deserves half of the marital assets. I am paying him $275 a month for seven years or so.
1 ANSWER
Pennsylvania does not consider marital misconduct or fault when dividing marital assets. If the money that you are paying to your ex-husband is a distribution of his share of the marital property, it would not have made any difference if you had evidence of his infidelity when you negotiated the settlement. However, marital misconduct is one factor that would be considered when determining the nature, amount, duration and manner of alimony payments.
Answered on Apr 22nd, 2013 at 9:07 AM