In Defense of a Good Defense

Is It Too Late To Ask For Alimony After A Divorce?

After a divorce, you or your partner might be required to pay alimony. Whether or not either party will need to pay alimony is usually determined during your divorce proceedings. However, in some cases, you are able to request alimony even after your divorce is complete.

How Alimony Works

Alimony is a condition in which one ex-spouse is required to make regular payments to support another ex-spouse. It is also sometimes called "spousal support." To receive spousal support, you will need to request it while you are in financial need. Depending on how much your partner earns, they might need to pay alimony for a long time and it might be required for years.

How to Qualify for Alimony

The two factors that can determine whether you will be qualified for alimony are whether you have unequal earning power and whether you have been together for a long time. This is to take into account the fact that you might have made career sacrifices for your marriage. It's ideal to reach an alimony agreement before your divorce, but this is not always possible.

How to Receive Alimony After a Divorce

If your divorce was carried out very rapidly and both you and your partner were under a lot of stress, you will have the opportunity to consider alimony in the future with the help of a family law lawyer.

In many cases, you will need to prove that there was a change in your financial situation for you to be able to receive alimony after a divorce. Therefore, you will need help from a family law lawyer to help you gather the evidence necessary to prove that this is the case.

If there was already an alimony agreement, your chances of having your agreement modified are very low. However, you have a better chance of having an alimony agreement created if you never created an agreement in the first place.

Your Alimony Payments

Once the court has ruled that you have the right to collect alimony, your ex will be required to make regular payments. If your partner stops making payments, each state has its own enforcement mechanisms that will allow you to force your partner to pay alimony.

For example, if your partner is employed, they might have their wages garnished to force them to pay alimony. Then, you will have financial assistance as you transition into life after your marriage. 

For more information, contact a local family law lawyer


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