Hi XXXXXXXXXXX:
can you provide greater detail about your circumstance? You're the wife, I presume? The "he" is the husband? What is the relevance of the third party with whom fraud has been committed? I'll need more info to ensure a good answer.
Hi again:
I think that I understand your question, but let me know if I do not. Where one party has committed fraud in the division of martial assets, and the fraud, any marital settlement agreement can ordinarily be revised when the fraud is or should have been discovered. It is not always worth it, however, to go back through the wringer where assets or income is hidden. It is true that, oftentimes, someone will hide small assets or small amounts of income that should be part of the marital settlement agreement, but the cost and toll of litigation make it not worth pursuing. That said, where someone has hidden assets of that nature, it is oftentimes possible to ask the court to sanction the other party in the form of attorney's fees for hiding the assets. You have to take each situation case-by-case to decide whether it is worth pursuing. I hope that this was helpful.
Attorney
California attorney experienced in family, probate, criminal, and personal injury law.