In the recent Pennsylvania case of Bardine v. Bardine, a husband and wife entered into a marital settlement agreement to divide their assets. They agreed to split evenly the monthly distribution payments out of the husband’s pension, which they thought would be $788 per month. A written marriage settlement agreement was signed and a final divorce decree was issued.
Ultimately, the monthly pension payments amounted to only $480 per month. The wife filed a petition to modify the marital settlement agreement, alleging that there had been fraud on the part of the husband, through misrepresenting the amounts she would receive. The Superior Court disagreed and upheld the settlement agreement. The Court held that the parties had a full opportunity to review the relevant pension account statements, and could have consulted with an actuary or the plan administrator in order to definitively determine the amount of the benefit, but had not done so. The settlement agreement provided for an “equal division” of the pension, but without specifying the precise sums to which each would be entitled, so the court found no reason to overturn the settlement.
This case demonstrates the importance of retaining legal counsel in order to fully review all aspects of a divorce settlement to ensure that a favorable outcome results.
The attorneys of Supinka & Supinka, PC, are experienced in handling divorce and custody cases. For more information and a consultation, please call Supinka & Supinka, PC at (724) 349-6768.
