Legal Question in Family Law in Maryland
My husband and I are divorcing, we got a separation agreement from legalzoom.com so I have no real lawyer. I signed the separation papers and now am not sure I am making the right decisons, I agreed not to go after his 457k and police pension and now I want my fair share. The separation papers have been filed in court in Annapolis, MD. He tells me any day now I will be served with divorce papers from the county sheriff. Is it too late to go after his 457 and penison? I am scared I will not be able to survice financially if I do not, even though I already agreed to not go after it.
4 Answers from Attorneys
If you made an agreement to waive your claim to your share of his pension, the court will enforce that agreement unless there was some evidence of fraud or duress in the negotiation, which doesn't appear to be the case from your scenario. Hopefully you got something of equal value in return. If your retirement plan was of roughly equal value and he waived any claim against it, that would be fair. Not at least consulting a family law attorney before signing anything was not wise.
You may be able to invalidate the agreement under certain circumstances, but it is not an easy thing to do. If you signed the agreement under fraud, duress, or undue influence, and can offer proof, you may have a good argument. In addition, if the agreement is unconscionable, or so unfair that it borders on shocking, then you may also have a good argument.
You mentioned the agreement was from Legalzoom.com and that you have no real lawyer. Did your husband have a lawyer? It will be a difficult hurdle, but under some circumstances you may be able to invalidate the agreement. There is also a question of how long you were married and the value of the pension and $457K that he's walking away with relative to the worth of all marital assets. You should speak with an attorney as soon as possible.
There are many circumstances in which you can invalidate an agreement. However, it is difficult to advise on the information you provided, and without reading the agreement, and discussing with you the circumstances of its signing. Consult immediately with a family law lawyer, preferable before you get served with the divorce papers.