If a divorce has been final over 10 yearsbut assets were undisclosed at the time of the divorce, what is my recourse at this time?

I remembered a retirement fund that my ex had at the time of my divorce but it was not included in the decree.

Asked on September 8, 2011 under Family Law, Massachusetts

Answers:

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

Answered 9 years ago | Contributor

If you believe that your husband intentionally hid assets during the divorce process then he has committed fraud under the laws in your state. It is illegal to hide assets as I am sure that you know. What you have to worry about is the statute of limitations which is 3 years in the state of Massachusetts.  So I think that it may be advisable to seek help from an attorney in your area to review the documentation submitted, your divorce settlement and your divorce decree to see if there is any other way that the matter can give rise to a cause of action that has not been time barred as of yet.  Good luck to you.


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