Changing a final divorce settlement

[LeeHA]

What is the name of your state? Florida
Our divorce became final in May, 06, with both agreeing to the terms, uncontested. Since we owned businesses, he agreed to a buy out at a certain amount per month until age 70 or retirement, or circumstances changed, at which time we would renegotiate.
He has now talked to an attorney friend, who said our agreement was not valid, as he bought me out of his retirement fund at work (not a 401) it should have been split, and since there is no specific ending date . Also, since it isn't called Alimony, he can't claim it on his taxes, and the attorney said everything should have been valued, and split, and he is argueing that even though it isn't alimony, he should be able to stop payments should I remarry. (He couldn't afford to buy me out other than with payments.)

I do not object to him somehow changing the agreement to be called permanent alimony, and even setting a date for it to end, however not to his stopping payments should I remarry.

Any advise PLEASE, if he can dramatically change our final settlement, AND if it is possible to only change the name to permanent alimony to help him with taxes. Thank you for any help or advice.

[LdiJ]

Originally Posted by LeeHA

What is the name of your state? Florida
Our divorce became final in May, 06, with both agreeing to the terms, uncontested. Since we owned businesses, he agreed to a buy out at a certain amount per month until age 70 or retirement, or circumstances changed, at which time we would renegotiate.
He has now talked to an attorney friend, who said our agreement was not valid, as he bought me out of his retirement fund at work (not a 401) it should have been split, and since there is no specific ending date . Also, since it isn't called Alimony, he can't claim it on his taxes, and the attorney said everything should have been valued, and split, and he is argueing that even though it isn't alimony, he should be able to stop payments should I remarry. (He couldn't afford to buy me out other than with payments.)

I do not object to him somehow changing the agreement to be called permanent alimony, and even setting a date for it to end, however not to his stopping payments should I remarry.

Any advise PLEASE, if he can dramatically change our final settlement, AND if it is possible to only change the name to permanent alimony to help him with taxes. Thank you for any help or advice.

You need to consult with a local attorney, but I do not believe that he can change the agreement after it has been made final....at least not without some major change in circumstance or new issues arising that were not disclosed originally.

You SHOULD not agree to re-catagorizing the payments as alimony. It is NOT alimony, its an installment plan on the marital assets. Sure, if its called alimony he can deduct it on his taxes, however than means that you will also have to CLAIM it as income on your taxes and pay taxes on the money. That is NOT in your best interest, since it is NOT alimony.

In addition, since again, it is an installment plan on the marital assets, it should NOT stop if you remarry.

He either got bad advice from the attorney friend, or he didn't disclose all of the facts to the attorney friend.