Legal Question in Family Law in Massachusetts

last January 2010 I seperated from my wife and moved out. i continued to keep helping her pay daycare for the entire year. we just went to court on Feb 14 this year for our divorce. we had a agreement put together by Mediation but we didn't sign anything till November. was wondering if i could go after her for that money back because we were still married. thank you for answering


Asked on 4/03/11, 7:45 pm

1 Answer from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

I am assuming that your divorce was final this past February 14, 2011? Depending on the language of your separation agreement, you would not be able to modify the agreement by requesting that the court order your ex-wife to pay you for a past debt. Most matters regarding the division of the marital estate (including marital debt and personal property) are final once the divorce is in effect and cannot be modified by including the appropriate "merger" and" survival" language in the agreement.

Thank you,

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Answered on 4/03/11, 7:53 pm


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