QUESTION
Is there a statue of limitations on a divorce settlement
Asked on Dec 13th, 2021 on Divorce - Pennsylvania
More details to this question:
I was divorced in 2012 and I basically gave everything to my ex wife..the house..furniture ..all I took was my personal things and my vehicle. , It was a mutual agreement to get divorced, no infidelity or abuse or anything, in fact we were still friends. Well I signed the papers which included a home equity loan that she wanted me to pay off. I reluctantly agreed to. A few months later we talk and she agreed to let it go because I did give her the house and everything. So now after 9 years I just got served with papers stating she is trying to collect on the 31,000...not sure what happened or why but.Is there a statue of limitations on this?
1 ANSWER
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Most divorce agreements are incorporated into, but not merged with, a divorce decree. That means that the parties have a right to sue for breach of contract or enforce the agreement as a court order. In my experience, no one bothers with the former.
The court retains jurisdiction to hear such matters regardless of when the breach occurs. Accordingly, she does have the right to seek enforcement of any provision in the agreement at any time. However, you may have the defense of laches. Laches is not a statute of limitations but is based on equitable notions. You would argue that her failure to act sooner prejudiced you in that you relied on her lack of enforcement and she is now barred from doing so.
I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis.
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Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
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Answered on Dec 14th, 2021 at 6:44 AM