QUESTION
Can an individual sue for alimony 2 years after a divorce is finalized?
Asked on Jul 13th, 2011 on Divorce - California
More details to this question:
Can an individual sue for alimony 2 years after a divorce is finalized when both parties waived alimony at the time of the divorce?
2 ANSWERS
The answer is likely NO. If you waived spousal support (or alimony) at the time of divorce and you agreed to waive spousal support it is highly unlikely any court would modify that order now.
Answered on Jul 14th, 2011 at 1:18 PM
Patricia C. Van Haren
No, if Alimony is waived by the parties, you cannot go back later to request it. Once the court's jurisdiction is terminated over alimony, the court no longer has the authority to order alimony. If there is a provision in your documents which reserves jurisdiction over spousal support, the party may be able to seek support based on a change of circumstances. You should bring your judgment to an attorney to review for you.
Answered on Jul 14th, 2011 at 1:01 PM