Quote:
Originally Posted by Samicat
I think only a lawyer could knowledgeably speculate if you would be entitled to more, and that would cost you for an investigation. I would suspect it would depend on 1) when your ex knew about the money and 2) the fact that he didn't include it (I assume) in his financial details, and possibly 3) the fact that you are now out of work. I think it might depend on the individual judge, if it goes to a judge.
I don't think it would be unreasonable for you to pursue it, yet it would also be reasonable to let it go and move on. I do think it's despicable what he did, however I don't know the legalities of splitting that kind of money.
I think the main thing is not to second guess yourself. If you want to pursue it, then do. If you don't, then don't think about it anymore.
For your mental health might be best to move on? As long as you're not going to "what if" yourself.
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Samicat, thanks so much for your thoughts.
Mom says I could threaten him (ie, that I will take this to court again) and ask him for more money. I could tell him, give me 10K more, or I am pursuing this in court.
I did speak with another lawyer. She said I COULD get him into legal trouble if I pursue this. She didn't tell me how much I would be eligible for... she asked me how much I think I should get.
I've read more on the subject. Given that he omitted the inheritance from his financial statement, which could have been deliberate and likely was, this bolsters my argument, in addition to me being unemployed. A judge would take into consideration all factors. I live in a 50/50 state, so who is to say that I am not eligible for 50%?
Then again, I've read that if an inheritance is received after divorce proceedings have begun, that it's harder for the non-inheriting spouse to get some of it and that it can be considered as separate rather than a part of the marital property to be equally divided.
I think that a judge may rule in my favor though, since he excluded this from his financials and since it could be deemed as deliberate.
I could file an appeal and pursue it. The second lawyer also wants to charge a $7500 retainer. I have other lawyers to speak as well with that were referrals.
An additional 10K would get me out of debt. And it's all debt that I accrued during my marriage.