Can an individual sue for alimony 2 years after a divorce is finalized? 4 Answers as of July 15, 2011

Can an individual sue for alimony 2 years after a divorce is finalized when both parties waived alimony at the time of the divorce?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If the waiver of spousal support was properly done, any attempt to seek spousal support two years after the Judgment of Dissolution of Marriage was entered willbe unsuccessful. Family Code Section 2122 sets forth the grounds and time limits for a Motion to set aside a Judgment, i.e., actual fraud, perjury, duress, mental capacity, mistake in connection with a stipulated judgment, and failure to comply with the disclosure requirements, but many of those grounds have a one-year statute of limitations; in particular, Section 2122(e) requires a Motion based on mistake as to a stipulated or uncontested judgment (whether mutual or unilateral, mistake of law or fact) to be brought within one year after the date of entry of judgment.
Answer Applies to: California
Replied: 7/15/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
The answer is likely NO. If you waived spousal support (or alimony) at the time of divorce and you agreed to waive spousal support it is highly unlikely any court would modify that order now.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
No, if Alimony is waived by the parties, you cannot go back later to request it. Once the court's jurisdiction is terminated over alimony, the court no longer has the authority to order alimony. If there is a provision in your documents which reserves jurisdiction over spousal support, the party may be able to seek support based on a change of circumstances. You should bring your judgment to an attorney to review for you.
Answer Applies to: California
Replied: 7/14/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The term spousal support applies to the right of support for a party to a marriage. If the right of spousal support was reserved, then you may have a right to ask for support depending on a number of factors including length of marriage and your current financial situation. If the right of support was waived, then you do not have a right to spousal support.
Answer Applies to: California
Replied: 7/14/2011
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