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After a divorce is final can the ex-wife take me back to court for alimony or spousal support

Findlay, OH |
Filed under: Alimony

Ex-wife is trying to get alimony or spousal support after we have been divorced for 4 months, is this possible?

There was no order for alimony or spousal support at the time of the divorce

Attorney Answers 4


It would require unusual circumstances, but isn't impossible. You should consult with a local divorce lawyer if you get a petition.

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Please do not accuse me of playing with words, but there is a big difference between getting no order and getting an order of no alimony or child support. I do not know how they do things in Ohio, and so you need to obtain experienced counsel in Ohio. However, in my jurisdictions, state statutes specify all issues which must be addressed in a final order. It is the duty of the parties and their attorneys to present all facts, information and argument with respect to each issue specified in the statute. The order is then final. To seek a modification so soon after the final result would be unusual and based on a material change of circumstances. If there was simply no order with respect to those items it may be easier to ask that these issues now be addressed. However, if there was an order for no such support, then a party would be asking the court to reconsider its final order and there would be a heavy burden to demonstrate what has changed in such a short time.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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You need to look at your divorce decree. If the court retained jurisdiction to address the issue in the future due to job changes / school attendance /.... then it is possible.

If the court addressed the issue and did not retain jurisdiction, then she is unable to get support unless she can show there was a mistake in the entry to invalidate the spousal support order.

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I agree with Attorney, Kocsis. I would add only one caveat. My understanding is that if the court does not actively retain jurisdiction to modify spousal support in the language of the decree (or through the separation agreement), that jurisdiction is waived and the court cannot revisit it again.
See, R.C. sec, 3105.18(E).

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