If the equitable distribution of assets part of a divorce complaint is pulled, does that mean that there can be no alimony?

My wife has filed for divorce and part of the complaint includes equitable distribution of marital assets and alimony. My wife’s lawyer wants to amend the complaint so that ED is no longer within the power of the court rather than draft a formal property settlement agreement. He says that by amending the complaint in this way means she will have no claim for alimony. Is this true?

Asked on December 13, 2011 under Family Law, Pennsylvania

Answers:

Howard Pobiner / Howard J. Pobiner, Esq.

Answered 8 years ago | Contributor

Having an issue resolved in the divorce case is the safest way to proceed.  If it's not in the final judgment, you may lose your chance to have it decided. In New York, a judgment can not be entered until equitable distribution is decided.


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