Alimony After Divorce Is Final

[WhiteWolf]

The divorce took place in the state of Tennessee and was final one year ago. It was uncontested. I got half the marital assets and did not ask my husband for alimony. Now I realize that after 34 years of marriage I should have been awarded alimony. Can I now take my ex back to court and demand alimony even though the divorce was final one year ago?

WW

 

[dorenephilpot]

If you were in Indiana, nope. You're out o' luck.

Don't know what the laws are in your state, but I suspect they're the same.

 

[sadlup]

It may depend on what the judgment said. In Missouri, courts supposedly favor leaving issue open if there is a question of whether the non-earning spouse can become self-supporting. If your state is the same and the court retained the right to review upon a change of circumstances, then you might have somewhere to go. A lawyer in your state could likely assist you the most. If it is truly final in all ways, you are probably out of luck. And I know that is disconcerting, the court pretty much did that to me, my divorce is on appeal in hopes of a different view more in line with the above, at least leaving the issue open for the future even if the court does not award something now or awards a limited amount or time.

 

[WhiteWolf]

My ex-husband and I entered into a "no-fault" divorce. He was the plaintiff. In the Marital Dissolution Agreement the Alimony Clause reads: "That the parties both agree to waive any other alimony or claims on the other". My husband was the plaintiff and the Final Decree reads: "That the bonds of matrimony existing between the parties be and they are absolutely and perpetually dissolved, and the Plaintiff is awarded an absolute divorce from Defendent". Sounds pretty final.

WW