Alimony post 10 years being divorced?


#1

If it is in the court order that the other spouse did not want alimony when the divorce was finalized…can that spouse go back say in 10 years and ask for alimony? is there a time limit on when a spouse can file for alimony after the divorce and property distribution etc is finalized via the court?


#2

once the absolute divorce is final, no one can file for alimony or ED.


#3

Hi Whyme - is there is anywhere that I can find this as documentation - general statutes or otherwise…Thanks :slight_smile:


#4

Whyme2009’s response is correct. If a claim for alimony is not pending at the time the divorce decree is entered, the party seeking alimony is barred from recovering.

The statute containing this requirement is NCGS 50-11©: A divorce obtained pursuant to G.S. 50‑5.1 or G.S. 50‑6 shall not affect the rights of either spouse with respect to any action for alimony or postseparation support pending at the time the judgment for divorce is granted. Furthermore, a judgment of absolute divorce shall not impair or destroy the right of a spouse to receive alimony or postseparation support or affect any other rights provided for such spouse under any judgment or decree of a court rendered before or at the time of the judgment of absolute divorce.