After a final divorce decree in which a wife specifically denied maintenance, can she later have the decree modified to include maintenance?

My wife and I divorced 2 months ago after 8 years of marriage, with a final decree.She declined maintenance in the proceeding. She has now decided she wants to go back to court and have the decree modified to include maintenance.

Asked on July 1, 2012 under Family Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your wife can re-open your final marital dissolution agreement and the judgment with respect to it which presently inclused no maintainance (no spousal support) depends upon whether or not the judgment specifically states that your former spouse waived such or whether the judgment left the issue open to be revisited.

The answer to your question will be in the marital settlement agreement and judgment. As such, read these documents and the answer to your question should be within.

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