Legal Question in Family Law in Maryland
Settlement agreement
How can you modify a settlement agreement after a divorce. My husband signed a settlement agreement that was prepared by his ex-wife.
*It states that he agrees to pay for health and hospitalization insurance equivalent to that now carried for his then wife until she is eligible for medicare, becomes employed where health benefits are available to her or she remarries whichever comes first. It has now become a tremendous hardship to continue this health coverage. She is very capable of working to obtain insurance but does not work outside the home. Can this be modified or recinded. Thank you for your time, it is very much appreciated.
1 Answer from Attorneys
Re: Settlement agreement
Many settlement agreements contain a provision that they are not subject to court modification. If yours has such a clause, then unless your husband's ex agrees to change this clause, which I suspect is highly unlikely, your husband is stuck with it.
If there is no such "no court modification" clause, then your husband can file a petition to modify the agreement. He will have to demonstrate a significant change in circumstances that took place after the divorce to be able to persuade the court to change this requirement.
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