Is there a time limit to alimony payments?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a time limit to alimony payments?

My divorce was final on over 2 years ago. I was married 18 years. One of the things that slipped past me and I did not think to look at, and trusted my attorney to have covered, was a time limit on alimony. My documents currently indicate payment until my ex-wife remarries or dies, but nt time limit otherwise. I have been told that normally there is a limit of “half the life of the marriage”. Is there any way to change this now?

Asked on July 13, 2011 under Family Law, California

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While I am not a licensed attorney in california and things may be different in your state, normally if there was no time limit set forth in the divorce then you are stuck with what they call "lifetime maintenance". Thus, unless your wife dies or remarries or cohabits with another man and holds herselff out as her husband (a common law type situation) then I am afraid that you may be out of luck. You cannot appeal this at this point and the only way to overthrow it would be to file a motion to say that your attorney overlooked it and you would need him to cooperate with you which will not happen. The only other way is to try and modify the maintenace but this would require a showing of some kind depending on California law. Many states like New York require a showing of extreme hardship in order for the court to modify the order. I would consult with a California attorney on this issue to see what the standard is. However, it does not sound that you will be very successful unfortunately.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption