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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.