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

Bronx, NY |
Filed under: Divorce Alimony

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. 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.


  2. 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.


  3. 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.


  4. 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.


  5. Probably not.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  6. 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@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


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

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