Can I take my ex husband back to court to extend my alimony?

Asked over 2 years ago - Reading, MA

I will be divorced 10 years this August, 2012 and my alimony will be up as well. I am unemployed and living with my brother because I can not afford a place of my own. I get food stamps and they have been a God sent. I got 10,000 a year for the first 5 years and 5,000 for the last 5 years. It has atleast kept my phone on and put gas in my car and paid a few bills owed each month. How do i go about doing this if I am able? My husband and his wife make around $200,000 a year.

Attorney answers (3)

  1. Joshua N Robbins

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . It sounds like you are in a difficult situation.

    You may, and I stress this, MAY, have grounds to modify your alimony award depending on the language within your divorce / separation agreement. It first depends if the alimony provision merged or survived. If it survived it will be more difficult and you will have to plead that such a modification is warranted under the doctrine of countervailing equities. Additionally, the new alimony statute will have to be taken into account. The bottom line is that you should consult with an attorney familiar with this area of law as there are many aspects to consider.

  2. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The wife's income is not taken into account.
    To be sure about what your rights are, I would have to review the court order.

    From what you said, it is unlikely that the alimony is going to be extended. But again, I would have to review the order.

    Does this answer your question?

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  3. Michael T. Cupoli III

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The Massachusetts Alimony Reform Act of 2011 went into effect March 1, 2012.

    I would strongly urge you to contact a family law attorney immediately, as your husband could be planning to have the order revised as well. You stand to lose a great deal if you are not proactive about this situation.

    Regards,

    The Law Office of Michael T. Cupoli
    www.CupoliLaw.com
    508-776-7591

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an... more

Related Topics

Divorce

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

Alimony

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

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