QUESTION

In PA, if retirement distribution was not mentioned in marital settlement agreement, can ex-spouse go back to court to claim after divorce is final?

Asked on Aug 23rd, 2021 on Divorce - Pennsylvania
More details to this question:
Retirement was not included in martial settlement agreement. Already divorced, can I now claim it?
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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Generally, when a divorce decree is entered, the only rights either party retains are found in the Order of Court either approving a settlement agreement or equitable distribution.  The only exception to that is fraud. If you entered into an agreement and merely neglected to include retirement as part of the distribution, that would not serve as a basis for a fraud exception. I trust this answers your question, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com
Answered on Aug 25th, 2021 at 11:42 AM

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