Regarding Allimony. My fiance & his ex-wife had a separation agreement dated october, 2005 which he followed.

This agreement was filed in Sacramento country court.He was overseas working. She said she’d filed the agreement with the courts & he thought their divorce was final a few months later… however she neglected to file & the divorce wasn’t final for 18 months later. Is he bound by the dates on the filed agreement regarding allimony or the actual date of the divorce?

Asked on July 3, 2009 under Family Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The first thing a lawyer would want to do here is read the agreement itself.  If the agreement sets up the alimony payments based on the date of the agreement, your fiance has nothing to worry about, he can just follow what he always understood was the deal.  But if the agreement dates the alimony from the date of a divorce judgment, it can get complicated, depending on what he was supposed to pay after the agreement was signed but before the divorce, and you'd really want a lawyer who practices in Sacramento County to take a look at the agreement and all of the facts, for reliable advice.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The first thing a lawyer would want to do here is read the agreement itself.  If the agreement sets up the alimony payments based on the date of the agreement, your fiance has nothing to worry about, he can just follow what he always understood was the deal.  But if the agreement dates the alimony from the date of a divorce judgment, it can get complicated, depending on what he was supposed to pay after the agreement was signed but before the divorce, and you'd really want a lawyer who practices in Sacramento County to take a look at the agreement and all of the facts, for reliable advice.


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 AttorneyPages.com 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.