Can I get alimony from my ex-husband of 30 years after we divorced in 2005?

Asked over 1 year ago - Bronx, NY

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.

Attorney answers (7)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . The court papers from your divorce will likely hold the answer. I suggest you have an attorney review them. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. David Ivan Bliven

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    Contributor Level 20

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    Answered . 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.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  3. Gary Burton Port

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    Answered . 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.

  4. Elan Wurtzel

    Contributor Level 10

    13

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    Answered . 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.

  5. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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    Answered . 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.

    Good luck.

  6. David Alexander Browde

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    Contributor Level 20

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    Answered . Probably not.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  7. Yelena Sharova

    Contributor Level 3

    3

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    Answered . You should definitely contact your attorney to find out what terms your divorce was finalized upon.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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Alimony, also known as maintenance or spousal support, refers to payments made by one spouse to the other after a couple divorces. These payments are for living expenses and/or child... more

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