Do I have a case to defend against a claim regarding an asset that I forgot about?

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Do I have a case to defend against a claim regarding an asset that I forgot about?

I forgot to include my grandfathered pension as part of the divorce settlement. We proceeded to agree upon all financials otherwise, including my 401k, etc. Now

she want to pursue a claim for a portion of this pension. Our divorce was finalized over 18 months ago.

Asked on October 5, 2018 under Family Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

So "forgetting" looks like "fraud" sometimes to the Court and parties that fail to disclose assets subject to distribution in a divorce often finds themselves back in court arguing over it.  Perhaps it would be best to ask your attorney to make an offer of settlement on same.  Good luck.


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