Can You Modify Alimony Under A Different State’s Laws?

Question:

My question is about alimony modification if the ex-spouse moves to another jurisdiction.

There is no end date to the alimony I pay to my ex-wife, who has moved to another state to live with her boyfriend.

Since there was no end date ordered in my divorce decree, can I file for a modification of alimony under her current state’s laws if she has established residency there?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce and alimony laws where I am licensed to practice.

It would appear your question is whether you can use the divorce laws of another state in your favor for a decree entered in the state you currently reside in. In order to enforce or modify a decree, you must file to “transcribe” or “register” the previously entered decree in the new state. In the states I practice in, we file for what is known as “registration and enforcement.”

However, the new state will often apply the laws of the originating state even after registration and enforcement. Reasons for registration are that the parties no longer live in the originating state, the debtor is in another state and they wish to attach to property, or that it is more convenient for the parties to litigate in the new state.

That being said, registration to take advantage of another state’s alimony laws may not be an applicable reason to transcribe the decree.

Now, you may still qualify for a modification. In both the states I practice in, a material change of circumstances is reason enough to file for an alimony modification.

Also, even if the decree is silent as to the reasons for termination, often times state statutes will control when the alimony should be terminated, or at least give guidance as to what would constitute a material change of circumstance for purposes of alimony modification.

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 Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.