Can either party seek alimony when filing for an absolute divorce after being ordered a limited divorce win whichboth parties were denied alimony?

My wife filed for divorce on the ground of desertion and adultery. She was unable to support her ground for adultery and since the hearing was less than a year after our separation the judge ordered a limited divorce. The judge also ordered that both parties were denied alimony. Can my wife seek alimony when filing for an absolute divorce after it was denied when a limited divorce was ordered?

Asked on September 9, 2011 under Family Law, Maryland


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely. Your limited divorce is based on limited circumstances, forgive the pun. It appears your wife may have  been able to sustain the same now that time has passed pursuant to an absolute divorce. The absolute divorce is different criteria than the limited divorce and therefore, the requirements with the passage of time may have been met. At this point, your wife is not precluded from not only asking for but also obtaining alimony based on the criteria for the absolute divorce. If you have been separated for a year, an absolute divorce is probably timely now and you need to figure out how best to resolve this so all parties walk away happy and satisfied with the separation of assets and support payments.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.