Can I modify my divorce decree?

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Can I modify my divorce decree?

After 26 years of emotional, verbal, and occasional physical abbuse, I decided to divorce my husband and left with nothing. He recently committed suicide leaving his burden of debt on his children and myself. He did have a pension plan which I have just became aware of, however they are denying me this because we are divorced and it is not in the decree. My ex-husband did not participate in any of the paperwork or show up for the final hearing. I consider this a hidden asset that he did not list on the decree. As his beneficiary on the pension plan, I was wondering if there is a way to modify the divorce decree so I can send it to the Laborers A.G.C and maybe receive his pension.

Asked on July 17, 2019 under Family Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

IF he had the pension at thee time of your divorce, it might be considered a hidden asset that should have been disclosed and addressed in the decree. However, to try to do this, you will have to file a lawsuit against his estate and seek a court order modifying the decree, the same way that, were he still alive when you discovered this, you would have brought the legal action against him personally. A decree cannot be modified unilterally; the other side (or in this case, their estate) must be noticed in a formal legal action and have the opportunity to object to the request.


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