Alimony/Maintenance


#1

My ex is still pursuing alimony - at least on paper and according to her attorney. Her attorney threw everything at me, including this request 2 years ago. We are now divorced and going thru ED in 2 weeks. Isn’t it unsual for someone to go this long without taking it to Court if they really need alimony? Wouldn’t a judge be likely to look at how long it took them to take it to Court?

How can I make this go away without going fighting it?


#2

Alimony is actually not awarded until (or contemporaneously with )equitable distribution. The fact that she has not been receiving alimony for the past 24 months can be used to prove she cannot demonstrate a need, or show that she is actually and substantially dependant on your income to maintain her standard of living.
If she has been living off credit cards, spending her savings, she will be able to show a need, though I am surprised she did not seek post separation support, which is akin to temporary alimony.