Q: Can pension division in divorce be altered years later due to new circumstances?

A: That’s an incredibly hard position to be in, especially when your financial situation has shifted and you're living with the long-term effects of a decision made during a vulnerable time. In Ohio, pension division is considered part of the property settlement in a divorce, and those terms are usually final and not subject to change—unlike things like child support or alimony, which can be modified with changing circumstances. Courts generally don’t reopen property divisions unless there was fraud, a major error, or coercion at the time the agreement was made.

The fact that you were heavily medicated and possibly not fully aware of what you were agreeing to might be something a court would consider, but it can be hard to prove after the fact. If you can provide strong evidence that you were not competent or fully informed when the agreement was signed, you could explore the possibility of setting aside that portion of the decree—but it’s a high bar, and time limits often apply.

Your desire to keep your pension and let your ex keep his is reasonable, but it would likely require both of you agreeing to modify the existing order. If he’s unwilling to cooperate, you may need to consider whether your current financial hardship could be addressed in another way, like through support modification if any is still in place. You’ve lived through a lot, and you deserve clarity and fairness—especially when your health and financial stability are on the line.