“I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? The divorce took place in the state of Tennessee. Thank you.”
A marital dissolution agreement (MDA), called a marital separation agreement (MSA) in some states, is just that – an agreement. However, once approved by the court it can (and often does) carry the weight of a court order. In such cases, it is usually difficult to re-open issues that are resolved by the MDA or MDA. However, it’s not impossible – there are situations in which such an order can be reopened These situations include, but are not limited to, fraud, after-discovered assets, or changes in the law which can be applied due to some aspect of the divorce not being finalized.
You should contact an attorney in Tennessee to determine what exactly your rights – and potential exposure, if any – are.