Contesting Alimony


#1

It all depends on how your agreement/decree was worded in regard to alimony. If it states it shall be paid until cohabitation or remarriage or death, with no time length, then it will have to go to court to have it changed. This is difficult. You really have to have a good reason for modification.

I’ve seen agreements that state alimony shall be paid for a certain amount of years (usually 1/2 the length of the marriage). My friend didn’t have that statement in his agreement (they ‘shared’ a lawyer), so he is paying the alimony until she dies, remarries or cohabitates. When he went to court to contest, he only got it reduced a bit.

This is why I always say: DO NOT SHARE A LAWYER…GET YOUR OWN LAWYER. DO NOT SIGN SOMETHING JUST TO GET OUT OF THE HOUSE. DO NOT SIGN ANYTHING YOU’RE NOT WILLING TO LIVE WITH FOR A LONG TIME.

Sorry for shouting…it’s just I see so much of that here and in my own everyday life. People want out and they’ll sign anything. Then they realize the deal they signed stunk—but it is signed and it’s binding. The money most could have spent on a lawyer would have saved most folks in the long run. “I can’t afford a lawyer”…they are expensive, but sometimes, you can’t afford NOT to have one. Find a way to pay for one. Beg, borrow, charge it.


#2

If the alimony is in a court order and circumstances have changed since the order was entered, you can file a motion asking the court to modify or terminate alimony.

If the alimony is in a Separation Agreement that has not been incorporated, then you are bound by the terms of the Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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