My ex-wife has been denied a few times for spousal support since our divorce was final.
At what point does her request become excessive or frivolous and the courts deem it in malice?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.
At the conclusion of a divorce, a judgment is made on all issues, including the issue of maintenance, also known as alimony.
Maintenance may be granted and awarded to one party, held open to either or both parties (meaning it is not ordered at that time but the issue may be revisited later), or waived/denied to either or both parties.
If maintenance is denied to or waived by one or both parties, the judge attempts to make sure that everyone understands that the party or parties who waived maintenance or are denied maintenance cannot come back to the court ever again and ask for it.
There are limited circumstances, however, where a party may request that the court revisit the issue of maintenance if at the time of the divorce they were misled, coerced, or if information pertinent to the issue of maintenance was withheld by the opposing party during the divorce.
If your jurisdiction’s laws are similar to those where I practice, if maintenance was denied to or waived by your ex-wife, and if she continuously requests maintenance after the judge has denied it, then her actions could be seen as wasting the court’s time (and your time) through frivolous litigation.
Frivolous litigation is when one party carries on a law suit when he or she has reason to know that his or her claim lacks merit. Has the judge ever told her to cease litigation on the maintenance issue?
A court may punish a party who carries on with frivolous litigation through sanctions, including but not limited to, payment of divorce attorney’s fees. Usually what is considered frivolous or a nuisance to the court is up to the individual judge’s discretion.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Madison Divorce Attorney Kirsten K. Reneau, please contact Cordell & Cordell.