Legal Question in Family Law in Maryland
Release of claims in divorce settlement and Slander Suits/Interspousal Torts
Can I sue my husband for defamation/slander, and/or interspousal tort if our divorce settlement has a ''release of all claims between parties'' clause?
1 Answer from Attorneys
Re: Release of claims in divorce settlement and Slander Suits/Interspousal Torts
Without seeing the specific words of the agreement giving up all claims against each other, I can't answer your question with total certainty, but if the agreement relates to claims existing at the time of the agreement, you must almost certainly be able to pursue a claim for damages for an action that takes place after the agreement is signed or placed on the record in court. I doubt that you have given up the right to sue for defamation which occurs in the future. Such an agreement would, or should, be unenforceable.