Can I Still File for Spousal Support Even Though It Has Been Five Years Since My Divorce?
The purpose of spousal support-also called alimony-is to make sure a partner who may not make as much as the other partner or who may not have adequate training to enter the job market is able to maintain a reasonable standard of living to which they had grown accustomed.
But what if you do not pursue alimony or are not awarded it in the settlement, and want to explore the possibility of getting it a few years down the road? Make sure you talk to your attorney, as each case will vary in its conditions and, perhaps, its outcome.
If you declined or waived support at the time the settlement was agreed upon, you may not be able to go back and ask for it now.
If your circumstances have changed since you signed the settlement and agreement, you still are unlikely to be allowed to ask for support now.
That's especially true if your circumstances have changed for reasons that have nothing to do with your marriage or divorce.
Take a look at the settlement and see if there is anything that pertains to alimony being waived forever, or if it says something like 'reserved'.
The best thing you can do if you're unsure whether you will qualify for spousal support five years since your divorce is to speak with an attorney.
Family law is often a confusing and contentious area of law, and the outcome of each case may differ greatly from one to the next even if the circumstances seem similar on the surface.
If there is reason to believe that a change in your circumstances was directly affected by your ex-spouse or your marriage, then you may be allowed to revisit your arrangement afterwards.
Once it's signed, though, it seems unlikely that it will be changed.
In determining whether support will be granted in the first place, the courts look at a wide array of factors including the length of the marriage, income of both partners, earning capacity of both partners, as well as whether one partner supported the other while he or she got their education or training.
Standard of living will be taken into account, too, as well as the obligations, assets, and needs of the parties.
Many other factors are also taken into account when determining the amount to be paid, or whether one party will be required to pay anything at all.
But what if you do not pursue alimony or are not awarded it in the settlement, and want to explore the possibility of getting it a few years down the road? Make sure you talk to your attorney, as each case will vary in its conditions and, perhaps, its outcome.
If you declined or waived support at the time the settlement was agreed upon, you may not be able to go back and ask for it now.
If your circumstances have changed since you signed the settlement and agreement, you still are unlikely to be allowed to ask for support now.
That's especially true if your circumstances have changed for reasons that have nothing to do with your marriage or divorce.
Take a look at the settlement and see if there is anything that pertains to alimony being waived forever, or if it says something like 'reserved'.
The best thing you can do if you're unsure whether you will qualify for spousal support five years since your divorce is to speak with an attorney.
Family law is often a confusing and contentious area of law, and the outcome of each case may differ greatly from one to the next even if the circumstances seem similar on the surface.
If there is reason to believe that a change in your circumstances was directly affected by your ex-spouse or your marriage, then you may be allowed to revisit your arrangement afterwards.
Once it's signed, though, it seems unlikely that it will be changed.
In determining whether support will be granted in the first place, the courts look at a wide array of factors including the length of the marriage, income of both partners, earning capacity of both partners, as well as whether one partner supported the other while he or she got their education or training.
Standard of living will be taken into account, too, as well as the obligations, assets, and needs of the parties.
Many other factors are also taken into account when determining the amount to be paid, or whether one party will be required to pay anything at all.
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