How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34729
Experience:  16 yrs. of experience including family law.
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I have a signed seperation paper which states that she will

Resolved Question:

I have a signed seperation paper which states that she will get 9000.00 dollars, can my wife ask for more at a later time.
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist...can you give some context this a marital separation agreement? Have you been to court yet? If so, where are you at in the process. Are you pending divorce?
Customer: replied 7 years ago.
We decided to do a Marital no contest seperation and divorce, in Richmond VA. We are supposed to turn in the signed paperwork on Jan 10 that is the six months that we have been seperated. She agreed to the 9000.00 it is in the agreement she has now asked me for 40,000.00 none of the 40,000.00 is on paper.
Expert:  P. Simmons replied 7 years ago.
Got it


A few more please

1. Does she now have a lawyer (or do you know)?

2. This signed agreement...this was negotiated by the two of you? How long ago?
Customer: replied 7 years ago.
She does not have a lawyer. we negotiated the agreement together right down to things in the house. it was done one month ago and signed last week. I went into the hospital and she went by the house and let the dog out went throught my papers and found out how much i have in investments which came from my fathers life insurance policy which she signed off rights to in the areement.
Expert:  P. Simmons replied 7 years ago.
Got it. Thanks

OK, your fathers life insurance would be "separate property" so she would not generally have any claim to that asset.

But lets back up a bit...a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.

SO. you ask...

I have a signed seperation paper which states that she will get 9000.00 dollars, can my wife ask for more at a later time

Answer; She can...but if you do not both agree on "who gets what", then the court will need to take evidence to decide...and you will (both of you) need lawyers to fight this out. I suspect that the legal bill together could easily match the difference ($40K - $9K) if you can work this out...all the better.

One factor in your favor is you do have a signed agreement. The court can take this into consideration when it determines "who gets what" will not bind the court...that is they are not required to follow it, but the can certainly consider it (and that she signed it).

SO, what to do. You may want to explain to her that your assets from your father will not likely be considered by the court. It may actually be worth hiring an attorney for a few hours to review this and give you both some general advice. You also may want to "raise the offer a bit" to save the legal bills...perhaps if you offer her $15K total, or whatever amount your comfortable with, to get her back into agreement so you can get this filed next month.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you do not seek to establish an attorney-client relationship with me, nor do I with you; (3) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises; (4) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf. If you do not agree with these terms and conditions, then you must advise me immediately.

P. Simmons and 5 other Family Law Specialists are ready to help you