Can I file for alimony now, or is there a time frame? I've been divorced for 2 years. 8 Answers as of May 09, 2012

I've been divorced for 2 years now. At the time of divorce I did not request alimony. Can I file for alimony now, or is there a time frame?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
You can ask for Spousal Support, but there is no guarantee that you will get it after the passage of time. You will have to show that you have a real need and that he has the ability to pay. And you will have to show the court what efforts you have made to become self supporting.
Answer Applies to: California
Replied: 5/9/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It likely depends upon whether or not you requested Spousal Support in your Petition (or Response), and whether or not you waived your right to Spousal Support. So long as you didn't waive your right to Spousal Support, you may be able to get a Spousal Support order from the Court. You would best consult with an experienced Family Law Attorney, to review your file on the divorce case, and to advise you regarding the particulars of your case.
Answer Applies to: California
Replied: 5/9/2012
Law Office of Buddy Clark | Buddy Clark, Esquire
First it is no longer called alimony, its Spousal Support. If you had what the court calls a long term marriage, IE 10 plus years, then in most cases the court retains jurisdiction for life. It depends on what you agreed to at the time of the divorce. If you did not waive Spousal Support at the time of the dissolution then you need to file an OSC to request the court to order Spousal Support. I would charge you $2,500 Buddy Clark PS there is a chance the court would order the other party to reimburse you the legal fees.
Answer Applies to: California
Replied: 5/9/2012
Peyton and Associates | Barbara Peyton
It depends on whether the court reserved jurisdiction over the issue of spousal support. In long term marriages, the court generally does reserve jurisdiction. The fact that you say you didn't ask for it at the time of the divorce suggests strongly to me that your rights to it may be lost. You need to review your divorce judgment to see if spousal support was reserved or waived.
Answer Applies to: California
Replied: 5/9/2012
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
If jurisdiction over spousal support was reserved and not terminated, you can still file a request for alimony. Look at your Judgment to see if spousal support was left open.
Answer Applies to: California
Replied: 5/9/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon what your divorce agreement (or order) says. Generally, you aren't going to be able to obtain spousal support two years after the divorce is granted, but it may be possible.
    Answer Applies to: California
    Replied: 5/9/2012
    Law Offices of Frances Headley | Frances Headley
    Whether or not you can now request support depends upon what the court ordered in the Judgment with respect to support. If jurisdiction was retained or nothing was said then you should be able to now raise the issue. But if jurisdiction was terminated then so was your ability to ask for support now.
    Answer Applies to: California
    Replied: 5/9/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    I believe this will depend in large part on how long you were married. If you were married over 10 years, you can still come in and ask for a modification.
    Answer Applies to: California
    Replied: 5/9/2012
Click to View More Answers: