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Can an ex-wife open up a divorce settlement that is over 2 years old just because she doesn t like the terms now?
Wiki User
∙ 12y ago
Yes. She can sue for custody, alimony, whatever she wants to change. The terms are never permanant, just designed to satisfy both parties at the time being.
AnswerIt depends on the state, but generally, yes.Clarification
Certain terms, custody, alimony, support, can be opened up, and are subject to post-disollusion action. Other terms, such as property division, are almost never changed. I have read some some case law where a settlement was overturned due to fraud, but such cases are very rare and unusual.
Alimony, in particular, if it was denied during the divorce, can't be asked for again afterward, unless the judge specifically reserved judgment on alimony, which again, is rare in most states. On the other hand, if you do have alimony, it can be changed in most cases, though the standards for changing alimony are generally much higher than those for changing child support.
Wiki User
∙ 12y ago
Wiki User
∙ 14y agoIf fraud can be proved.
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