My husband was divorced in 1999, then living in NEw Hampshire. He is going to be 65 soon. We just found out his ex-wife filed for most of his pension plan. She gets $44000, He gets 11,000. Can we file for an reversal, my husband is in poor health with lots of medical bills. His ex will not respond to him.
It is unclear how his ex is getting most of his pension. If it is because she was awarded as part of the divorce decree then it cannot be modified. You may consider taking the divorce decree back to his lawyer or consult with a new lawyer for a consultation. Best wishes.
I agree with the previous post. The first place you need to look is the 1999 divorce decree. If the decree addressed the pension, then it almost impossible to have that order changed. Essentially, you would have to show something akin to fraud or duress occurred in the underlying proceeding, which is very difficult to prove. If, however, the decree is silent as to how the pension is to be divided (i.e. the pension is not even mentioned in the divorce decree, which is rare but has happened), then you might be able to have that issue looked at by the court. You should consult with a divorce attorney about this.
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