Can my ex have the divorce settlement modified?

Our divorce was final about 9 months ago, my 2nd and her 3rd. No children together, although we both have children but no minors. She had ever increasing and quite severe substance abuse problems which has led to her not working for the last 3 years of the marriage. She also as behavioral and health issues. She proposed that we get divorced and I quickly agreed. She suggested a specific cash settlement, to which I also agreed. I paid her the money and let her pick what joint possessions she wanted. Now, 9 months later, she is texting me saying she is now sober and has retained council to revise the divorce. Can she do this?

Asked on March 20, 2017 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since circumstances can change in people’s lives, a post divorce modification may be granted by the court with regard to alimony, etc. Why you don't state exactly what such change that your wife seeks to claim, I assume that it has to do with her newly found sobriety. She may assert that she was not competent when entering into the original settlement. At this point, you should consult directly with a local divorce attorney; they can best advise you further.


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