Legal Question in Family Law in New York
an unenforceable clause of a divorce agreement
My divorce agreement included a wiver by my ex-wife of her right to inherit my New York City disability pension. This waiver was supposed to allow me to collect my full pension ($25,000/year as opposed to $21,000/year). After the divorce, the retirement system said it had been in error, and that the inheritance clause could not legally be waived. Am I legally entitled to demand that since the clause in the divorce agreement is not legally enforceable, that my wife be required to pay all or part of the cost of her inheritance rights?
Thank you very much.
1 Answer from Attorneys
Re: an unenforceable clause of a divorce agreement
Looks like someone dropped the ball here huh? I would have to see your divorce agreement to see how it was written. The bottom line is, you did not get what you bargained for. You may have to go back to court and reword a few things. I suggest you see an attorney.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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