What to do if I have been divorced for almost 19 years and would like to stop alimony payments to my ex?
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What to do if I have been divorced for almost 19 years and would like to stop alimony payments to my ex?
However, I am worried that she will try to have her alimony payments increased if I take her to court. Is that possible?
Asked on December 23, 2012 under Family Law, Alabama
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Depending on how your alimony was structured and why it was awarded, you should be able to file a motion to modify the support obligation. For example, if the alimony was ordered by an agreement between you and your ex- in exchange for you receiving a more favorable division of the marital property, you may not be able to get the alimony terminated because it is a quasi contractual obligation. If the alimony was entered by the court or agreed to for the purpose of merely helping your wife until she got back on her feet after the split, then you will have a better chance at modification--- because the purpose of alimony is to provide support during this transition, not as a windfall. However, you are correct in that if you file a motion to terminate or modify your alimony payments, she could file a counter-motion to increase the amount of support on the basis that her needs are not being met and your income has increased. If you can show that she is able to support her needs (or is capable of supporting her needs), then you will have a better chance of stopping the alimony payments to your ex.
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