Question asked on Jun 07th, 2017
Q: Have 11 yrs teamster pension was married in middle of that for 6 yrs. court ordered 50% of time married but ex stated after court in hall she didn’t want any part of pension now today over 10 yrs later get papers stating family court date July 5th in Las Vegas I live in Canada is it a bit late to get lawyer and try to modify my pension?
A: You raise several issues. Presuming the original decree is silent on the question of the pension, what is being sought is “partition.” The law is new, and the arguments that can be raised by either side are discussed in an article I wrote on the subject called “Partition Actions What Every Nevada Divorce Lawyer Needs To Know (CLE, December 3, 2015)” which is posted here. As to the “hallway conversation,” if there was indeed a “conscious waiver of a known right” that can be raised; the main question will be whether there is any documentation, presuming she denies doing any such thing. You may wish to consult — soon — with a family law specialist highly knowledgeable about this new law and how it works.