What can I do if I initialed a mediation wherein I am to give half my social security as part of our equitable distribution settlement but now want to cancel it?.

I have just been informed that in my state social security is not part of equitable distribution. However, during mediation I was never advised of this fact. Can something be done so I can keep all my social security or, since I initialed the agreement, I cannot do anything?

Asked on July 16, 2015 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Divorce mediation is not binding until the agreement has been signed by both parties.  If you did no sign it then you can disagree as to that provision.  Also, the mediator should have told you that you should seek legal advice outside the mediation because they are neutral but they should have advised you of the law.  If they did not then I would seek redress.  Good luck.

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