Q: I have been divorced for 25 years, but I recently learned that my ex-husband has been receiving a generous company pension that was never disclosed during our divorce proceedings.
He was a long way from retirement when we divorced, but he had been at this company throughout our 20-year marriage and as a vested participant his pension should have been included as a financial asset. Do I have any legal recourse all these years later?
A: You are entitled to relief from a Final Judgment of Dissolution of Marriage entered by a Florida court where there has been fraud. There is no time limit for filing for relief if the motion is based on a fraudulent financial affidavit filed in a divorce action, which is where a pension should have been disclosed.
It will be important to know if the pension existed at the time of the divorce. But even if his financial affidavit was fraudulent, you should review the entirety of the financial settlement before filing for relief. The portion of the pension you may be entitled to might not be worth the time, effort and cost associated with bringing the legal action.
–Attorney Jeffrey Feulner
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