Q: Shortly after inquest, and before final judgement was signed in my divorce, I was diagnosed with a life threatening illness requiring continued medical treatment and monitoring for the rest of my life. I cannot work, and I will have to go on welfare soon as I don’t see what else I can do. Can I vacate my settlement agreement where I signed away rights to maintenance, since the divorce has not yet been finalized? I have been a stay at home mom for over 15 years and am 60 years old. My husband owns 2 restaurants, and intimidated me into signing away my rights to maintenance, all retirement accounts, and to give him any cash I had saved in order to allow me to stay in the marital home. He refused to allow an appraiser, so I ended up paying over market value because I had nowhere else to go and no income. I gave up everything because I was so tired of his bullying and threats that I was getting anxiety and insomnia and losing my hair so I wanted it all over with. I see now it was stupid but didn’t know what else to do. This home was originally given to me upon marriage by my parents and is the only thing I have now. Do I have any possibility of vacating the agreement? Thank you.
A: At a minimum, one would need to see the settlement agreement, as well as a transcript of the settlement if it was done in court. While you may arguably have had an unanticipated change of circumstances, one would need to evaluate the background of the case to render a definitive opinion. Schedule a consult with a Bronx Divorce attorney for a full assessment.