Can Property Division Be Changed After Divorce?

After a divorce, something about your property division might not sit right. This feeling is common; you made difficult decisions during a painful time, and looking back, you may wonder if the agreement was truly fair. At Mahoney Richmond Thurston, PLLC, our family law attorneys have decades of experience. We have seen many divorced individuals consider legal action regarding their property settlement.

If you are thinking about trying to modify your property settlement agreement, here is what you need to understand:

• Property division is generally not meant to be changed after a divorce.
• The courts very rarely allow changes to property division, and only in extreme circumstances.
• If finances are your main concern, you might have more success trying to modify spousal support.
• You will need strong legal representation to understand your rights and options.

Why Is Property Division Usually Final After a Divorce?

Courts aim for finality in divorce decrees. The legal system is designed so that property awards cannot be revisited. This allows both ex-spouses to move forward with certainty about their financial futures. Once a judge signs off on the property division, it becomes a final order. Revisiting these orders without a compelling reason would create instability and could lead to endless legal disputes.

Are There Any Situations Where Property Division Can Be Changed After Divorce?

Yes, but the circumstances are narrow and specific. A court might agree to modify a property division settlement only if there is evidence of a serious issue with the original agreement.

Valid grounds for a change may include:

• Fraud or hidden assets: One party intentionally concealed property or financial accounts during the divorce.
• Mistakes: There were significant errors or miscalculations in the valuation of assets.
• Coercion or duress: One spouse was forced to sign the agreement under threat or pressure.
• Non-compliance: The other party has failed to follow the terms of the property settlement.

Even with these grounds, courts examine such requests with strict scrutiny. Proving your case requires a high standard of evidence.

What Evidence Would I Need to Prove Something Went Wrong in Property Division?

To reopen a property division case, you need more than just suspicion. Courts require clear, concrete proof that something was amiss. The strength of your evidence is critical.

Examples of strong evidence include:

• Financial statements or bank records that reveal previously undisclosed accounts.
• Emails, text messages, or recorded statements that prove deception or coercion.
• Testimony from financial professionals or appraisers revealing significant valuation errors.

General feelings of unfairness will not be enough to convince a judge. You must present a compelling case backed by solid documentation.

What Does the Process Look Like If I Want to Ask the Court for a Change?

If you have sufficient evidence, the first step is to file a formal motion with the court, asking to set aside or reopen the judgment. This legal document must state the specific grounds for your request. You will then present your evidence at a hearing, where your ex-spouse will have the opportunity to respond. The process is technical, often has strict deadlines, and can be emotionally draining.

If the Odds Are Low, Why Should I Talk to an Attorney Anyway?

Facing post-divorce regret alone can be difficult. An experienced family law attorney provides an objective evaluation of your situation. A lawyer can determine if your circumstances meet the high legal standard for modifying a property settlement. They can also help gather and structure evidence to build the strongest possible case and protect you from procedural mistakes that could get your case dismissed.

Even if changing the property division is not possible, an attorney might identify other avenues for improving your financial situation. For example, you may be able to request a modification to your spousal support agreement if your financial circumstances have changed significantly since the divorce.

You Deserve Certainty About Your Future

It can be difficult to learn that property settlements are rarely changed once a divorce is finalized, and that only the most extraordinary circumstances open the door for modification. However, even if the odds are limited, it never hurts to talk with a family law attorney who can walk you through what is possible and what steps, if any, you can take. Sometimes just understanding your rights is enough to lift the weight you’ve been carrying.

Mahoney Richmond Thurston, PLLC, is ready to take a careful look at your situation, explain your options honestly, and help you find the clearest path forward for your financial future. Contact us today.