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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30386
Experience:  Attorney with experience in family law.
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My ex- husband and I were separated when he left TDY (

Customer Question

My ex- husband and I were separated when he left for his TDY ( military). During this time, while he was gone he was able to save a huge amount of monies. I asked him that I was entitled to some of this money, but he never gave me any of this. Now we are divorced - can I modify the divorce decree and if so, am I entitled to any of these funds. We lived in Louisiana at the time.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did you ask for any of money from that account during the divorce? Did the two of you enter a separation agreement? And how long have you been divorced?

Customer: replied 1 year ago.
My ex spouse paid me a low amount of alimony during our separation period. When asked about these funds he said" i wasnt entitled to these monies" . We were divorced on November 19, 2015. I just looked in the divorce decree- in section Community property settlement just states" Any bank accounts pensions etc will be held for the benefit for my ex spouse. what does this mean? Is there anything that can be done in regards ***** ***** thank you
Expert:  Lucy, Esq. replied 1 year ago.

Money he has in a bank account isn't part of alimony, it's part of the equitable distribution of marital assets. Equitable distribution unfortunately cannot be modified like alimony can. Judges also typically will not modify an award so soon after the divorce. If you didn't ask for the money during the divorce proceeding, you'd be legally considered to have waived the right to request it. But if the funds are money that he put into the account after you were separated, that's his separate property. In that case, you would not have been entitled to the money in that account.

If your ex-husband's income increases significantly, then you may have the ability to request an increase to alimony based on his earnings at that time. Usually a judge won't hear a modification request for at least a year after the case ends.

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