If y ex-wife is taking me to court tomarrow for alimony but we have been divorced for almost 2 years now, will she get it?
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If y ex-wife is taking me to court tomarrow for alimony but we have been divorced for almost 2 years now, will she get it?
She didn’t ask for alimony when we got divorced and there is nothing in the papers saying she can get it later.
Asked on November 18, 2012 under Family Law, New York
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your ex-wife's time for asking for alimony was at the time the divorce was being finalized. If she didn't ask for it then and the property has already been divided, then traditionally, she cannot go back later and ask for it. (Child support-- yes, alimony-- no). Undoing a prior final order is difficult-- but her only real shot would be if she could show fraud in the original order that somehow justified going back to the drawing board-- but this is extremely rare and difficult. Even though she is not entitled to get alimony "after the fact", that doesn't mean that she can't try-- so to avoid any procedural loopholes that could get you stuck with an unwarranted obligation, you really should contact the attorney that helped with your original divorce or some other family law attorney to help shut this motion down before it becomes a problem.
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