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Can my ex receive alimony after the divorce is final. retirement

Reno, NV |
Filed under: Alimony

i obtained a divorce in NV and my ex waived her right to alimony but now shes threating to sue for it now. can she do that? second in our divorce it says that we divided the assets out side of court.. i did not add a annuity that i have now she is trying to take half of it as well. can she? and if so how much is she in-titled to? is it just half of what it was at the time of divorce or half of it when liquidated. thank you.

Attorney Answers 4

Posted

How long ago was the Decree entered. Your wife has 6 months from the date of the Notice of Entry of Decree to file a motion under NRCP 60b to set aside the decree. On the alimony issue, make sure a notice of entry was filed and served to ensure that the six months has be elapsing. If it is past the 6 months, then on the alimony, you are in the clear. On your annuity, if it is not specified in the decree as being awarded to either of you, and it was aquired during the marriage, the Court retains juridiction over it indefinitely. SO she could file a motion to apportion omitted assets as it pertains to the Annuity. Good Luck

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Posted

Not after the divorce is final.

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Posted

She cannot get alimony unless she has some claim of fraud or duress. However, she can get half of any asset that was not disclosed, and she gets half of the value of the marital portion (that amount acquired during the marriage, from date of marriage to date of divorce) as it was at the time of the divorce.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

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Posted

If alimony was not ordered int eh original Decree, it cannot be ordered now. And whether or not she can get half of an account is left for argument - omitted assets are divided. But if the asset was known, there is argument that it not be divided.

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