Can You Challenge a 20-Year-Old Separation Agreement? What New York Courts Consider - Juan Luciano

From Juan Luciano Divorce Lawyer – Can You Challenge a 20-Year-Old Separation Agreement? What New York Courts Consider examines the rare but impactful legal pathways for reopening old marital contracts under New York law. This episode explores how the courts evaluate decades-old agreements through the lens of fiduciary duty, procedural fairness, and the foundational case of Christian v. Christian. While marital contracts are typically upheld, there are crucial exceptions where fraud, concealment, or unconscionability provide legal grounds for a challenge—even 20 years later.

In neighborhoods across the Bronx—from Fordham and Riverdale to Soundview and Wakefield—long-standing separation agreements may contain hidden flaws. Host Juan Luciano, a seasoned New York City separation agreement attorney, walks listeners through how courts apply heightened scrutiny and what constitutes the original sin that could unravel an otherwise final agreement. Drawing from his firm’s success in Medina v. Medina, Luciano explains how procedural errors and linguistic barriers often prevent litigants from getting their day in court—an all-too-common problem in the Bronx County Supreme Court's high-volume matrimonial docket.

The podcast unpacks the critical defenses that make these cases so complex: the statute of limitations, ratification, and laches. By leveraging the Fraud Discovery Rule under CPLR 213(8), clients may still have a viable claim if hidden assets—like co-op interests in Riverdale or rental income from properties in Throgs Neck—only came to light recently. We also examine how procedural and substantive unconscionability factor into agreements that may have been signed without independent legal counsel, under emotional pressure, or amid an imbalance of power.

Juan Luciano shares his deep knowledge of family law, forged through years of helping clients challenge unfair agreements in areas like Kingsbridge, Allerton, and Parkchester. Whether it’s uncovering unreported income from cash-based businesses along Jerome Avenue or contesting pension waivers signed without full understanding, this episode empowers listeners with the legal tools and strategic insight to revisit even the most settled contracts. Tune in to learn how time-tested agreements can still be tested under the law.

Juan Luciano Divorce Lawyer - Bronx

187 E 163rd St, Bronx, NY 10451, United States

(718) 519-8336

https://www.google.com/maps?cid=12209259138199663041