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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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