My uncle divorced 35 years ago and is still paying spousal maintenance to his ex wife. Thet were married for about 5 years and had 2 children. All child support has been paid but the spousal maintenance continues. His ex wife has never remarried but has been living with and built a house with her boyfriend. She also has been employed for years. My uncle is now out of work due to health and is unable to make the spousal maintenance payments; his ex wife refuses to have the maintenance dropped. Is there anything he can do to have the court order dropped? I dont understand why he is still paying all these years later.
Family Law Attorney
Yes, he needs to hire a family lawyer and immediately file a motion to modify spousal maintenance based on a change of circumstances. It will probably be messy and contested (these kinds of cases often are) and he will need a good lawyer, but it can be done.