Question:
I have been divorced for nearly 40 years. About nine years ago I quit paying alimony because my financial status changed. My wife is also much better off financially than me.
Would I be able to have the alimony vacated? What about the previous nine years?
Answer:
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning alimony.
You can petition the court to modify your decree of divorce to state that you are no longer obligated to pay alimony.
You and your ex-wife could also simply execute an agreement stating that you are no longer obligated to pay alimony; if she is willing to agree. If you execute such an agreement, you should file it with the court in your case for your protection. Since you haven’t paid alimony for the last nine years, and you make no mention of your ex-wife trying to take you back to court to enforce the alimony award, it appears that your chances of success are good.
If, in fact your ex-wife has not tried to pursue alimony in the past nine years, you can argue to the court that she has demonstrated that the alimony is no longer necessary.
Remember, I am unable to provide you with anything more than general alimony tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
