Should I have asked for a settlement on my husband’s business, can I still do so if we divorced almost 3 years ago?

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Should I have asked for a settlement on my husband’s business, can I still do so if we divorced almost 3 years ago?

My ex-husband owns business with his brother. He joined the business after we were married. Their father owned it along with them. They bought his share out from their mother when their father passed away. We shared an attorney who told me that since my name wasn’t on the business, I no right to compensation from it. We had been married 29 years and have 2 daughters. I receive child support and alimony for 2 more years. I was

a stay-at-home home with our kids and homeschooling them. I worked 1 day a week to have grown-up up time. By the time I paid daycare for the I

barely made anything. Can I go back now and question whether I should have part if the business?

Asked on February 12, 2017 under Family Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is almost certainly too late to do this. There is a policy of finality to litigation: the courts and public policy do not want people being able to re-think final decrees or settlements in cases, including divorce cases, because it creates uncertainty, wastes judicial time and resources (and public money), and is unfair to the other side, which in good faith thinks that the matter was resolved. Therefore, if you could have brought something up before but failed to do so, you generally are not allowed to re-open the case to bring it up later.


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