QUESTION

If i agreed to a free trader settlement, can I still get half of my husbands pension once the divorce is final?

Asked on Apr 20th, 2016 on Divorce - North Carolina
More details to this question:
He gave me $70,000. plus I got to keep my car 350 Lexus..a 2009 model. Which was estimated worth at 15,000. Can I still get half of my husbands pension in the divorce settlement. We settled outside of court to save on attorney fees. Separation papers have not been drawn up yet. He still lives in our house, i now live with my brother.
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1 ANSWER

Criminal Law Attorney serving Durham, NC
3 Awards
If you have not signed a Separation agreement yet, then there is no binding separation agreement yet.  I hope that when you say you agreed to a Free-trader Agreement, that it means you have agreed to sign, but have not yet signed.  If so, then you can just file an action in court and ask the judge to divide your marital assets, which will include whatever portion of his pension accrued during your marriage.  Be careful though, because you must file your complaint for distribution of marital property before the divorce is final, otherwise you will lose all rights to have the court divide it.   You should schedule a consultation with an attorney immediately, before you do anything else relating to this marriage so that you do not jeopardize your rights in this matter. 
Answered on Apr 25th, 2016 at 3:43 PM

Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300

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