I have been separated for 9 years now and really want to move on. Our marriage lasted 24 years not including the 9 years of separation. She has been supporting her self since the separation and has never filed for any type of support. Our incomes are within a few thousand of each others. What are her chances of asking for alimony and actually getting it? If she agrees to waive alimony in a separation agreement can a judge change that and award her alimony? or is the separation agreement pretty much set in stone between the two parties?
In order to be eligible for alimony, your wife would have to qualify as the dependent spouse, you would need to qualify as the supporting spouse, and she would need to demonstrate a need. Based on the limited facts you have shared, it doesn’t sound like any of these are present in your situation. You salaries are similar and she has been supporting herself for 9 years. For more information about how alimony works, including a complete list of factors a judge will consider when determining alimony, you can read our article Alimony: The Details.
Validly executed separation agreements are binding just like any other contract. If you include the alimony waiver in your separation agreement, it won’t later be altered by a judge.