Can my husband’s ex-wife reinstate her alimony without his receiving a copy of the court order?

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Can my husband’s ex-wife reinstate her alimony without his receiving a copy of the court order?

I am trying to figure out if she has the right to continued alimony and how we go about fighting it. She has not remarried and per their agreement, as I understand it, he has fulfilled his obligation to her. She lives in FL and we are now in CO.

Asked on October 28, 2010 under Family Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the court order only stipulated he was to pay her support (alimony) for a certain amount of years or until she was remarried, then you need to look at that order again to see if he has fulfilled his total obligation under the divorce decree.  If the divorce decree states he must support her for the rest of her life or until she remarries, and she is not remarried, he should have been paying her support all along.  Either way, if there was a legitimate break in the support per the divorce decree, she cannot simply force repayment.  She must seek a new amended order. He could also seek a declaratory ruling on the matter or an amendment to the order.


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