How do I contest/change a Legal Separation Agreement?

Asked over 5 years ago - Pomeroy, OH

My husband and I have a legal separation agreement. I only agreed to the terms to get him to move out because he said he wouldn't move until we had signed. I gave in just to get him out. Can I now contest the agreement? I want to get spousal support from his retirement income and make him pay the mortgage.

I believe I am entitled to part of his retirement income. We were married for over 10 years.He retired after we were married for over 2 years. We used only my income to live on because he won't let me touch his income. Now I am out of a job.

He wants to sell our house and wants most of the profits. He says he put in more money than I did because he sold his house. But I have put in just as much, because I was making great money at that time and put in nearly everything I earned to build it.

Attorney answers (2)

  1. Peter J Carini

    Contributor Level 11

    1

    Lawyer agrees

    1

    Answered . The answer to your question is yes and yes. But, if you were smart, you would get yourself a divorce lawyer. Retirement funds are tricky matters that involve application of Federal Law.

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . The legal separation agreement can be contested because you were coerced into signing it. You may have spousal support rights from his retirement but the liability for the house will be determined when the property is divided. Your situation is complicated enough that you could use a lawyer. If he has more money than you do in many states he can be made to pay your legal fees.

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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