Change to alimony during separation


#1

I do not know that alimony could be renegotiated if you have a signed agreement. I believe that a good attorney could argue that the agreement did not disclose all the finacials or assets and should be void…but then you would have to show the reason that you believe this. Maybe something about not having all the information when the agreement was signed…but that’s a stretch. Or read over the agreement and see if there is a statement about full disclosure or alimony amount being accepted based on having no knowledge of marital misconduct by either spouse…
Alimony could only be brought back into negotiations after the original agreement is voided. I know that an agreement will hold up in court, but it is not as good as having a court order. If there has been no order for alimony and it is solely based on the agreement, there may be some wiggle room…

I’ll be interested to read what the attorney posts on this.


#2

Unless there is some clause in your agreement that refers to the disclosure of sexual activity, you cannot renegotiate alimony at this point.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

Consider this scenario: Let’s say that there were suspicious activities (i.e., a possible affair) before a separation on the part of the spouse seeking to separate, but no admission and no proof, other than a set of cell phone records. A separation agreement is executed, with all that that entails (child support, alimony, etc.) Then, a few weeks after the separation date but well before the “year and a day” and subsequent divorce, evidence is available that is more substantial (say, a flight itinerary with the former spouse and her affair partner – and no, not work related).

Is there any legal recourse to renegotiate alimony in this scenario? Does this change the premise of the agreement in any way? Or is it a done deal, and even more is lost? Again, the couple is not yet divorced, only separated. Sure, there is alienation of affection, but that seems like a lengthy process with a larger burden of proof.

Any insight is appreciated.