If we get an uncontested divorce with only a parenting plan put into place, can we later go back so I can get retirement, spousal and child support?

We’re getting a divorce but staying together as partners and as a couple. He only wants to put a parenting plan into place now in hopes we’ll get re-married. If this plan doesn’t work out can I take him back to court to file to get my portion of his retirement I know I’m entitled to, spousal support and/ or child support? How difficult or easy is this to do? We have a 2 year old son involved in this as well.

Asked on November 9, 2011 under Family Law, Oregon


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

Answered 9 years ago | Contributor

I would STRONGLY suggest that you do NOT agree to this plan and that you do NOT get divorced with out resolving all the issues that one resolves in a divorce: distribution of assets, child support and spousal support.  If you choose to remarry later on and void the agreement then so be it.  But I fear that you may be waiving some right later on by agreeing to this plan of his.  If he hopes to get re-married then why get divorced at all?  Especially if you are remaining a  "couple" asyou state?  Something is really fishy here.  I would not feel good about this agreement. Seek legal help as soon as you can.  Good luck.

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