What are my chances of success if I file a Lepis motion that seeks to void an anti-Lepis clause in my property settlement agreement?
The enforceability of any anti-Lepis clause will be decided on a case by case basis. If a person wants to try to reopen a divorce case and seek additional alimony then she should seek the advice of an experienced matrimonial lawyer. Any litigant that files a motion to reopen a divorce case to seek additional alimony based on Lepis must exhaustively document their case. If an ex-spouse has a medical condition that hurts her ability to work, then any medical evaluations and reports must be attached to the Lepis motion. If an ex-spouse has lost her job, then any employment termination papers must be attached to the motion. Moreover, any documentation that proves that the ex-spouse has tried to find suitable replacement employment should be attached to the motion as well. A detailed record of the ex-spouse’s job search should be made a part of the appendix to any Lepis motion. All e-mails that verify that the ex-spouse has diligently sought to obtain similar suitable employment should be m