My ex-husband was a veteran and receives his Navy check and SSDI every month and I recently became unemployed and would like to know if I can get alimony from him.
You can file a post judgment matrimonial application and cite to changes circumstances. I doubt you'll get it.
If you divorced years ago and waived maintenance as in a stipulation, that is pretty much locked in stone and will not be disturbed.
I don't understand why you didn't plan for this contingency. I hope you had an attorney you listened to.
Personal Injury Lawyer
You should consult with your attorney regarding the terms of your 2005 divorce to find out what your rights are regarding alimony/maintenance. If the agreement didn't provide for it--it's not likely you're going to get it. There's a rare exception that can sometimes provide for support if you're in danger of going onto public assistance.
Your question cannot be answered without further details. If, for instance,. your divorce was settled pursuant to a stipulation of settlement, then the stip likely addressed maintenance (i.e., alimony). If it did, and same was waived, then to get it now would be extremely unlikely, given that you'd need to move to vacate the original stipulation or alternatively satisfy an "unforeseen and unanticipated change of circumstances" standard - a very tall task. That said, for a full assessment, you're well-advised to schedule a free consultation with a Bronx Divorce attorney.
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If you waived maintenance in the agreement without any reservation, then it is highly unlikely that you will be able to get maintenance now, particularly as the divorce was ten years ago.
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The court papers from your divorce will likely hold the answer. I suggest you have an attorney review them. Good luck!
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