Q: My fiancée has been divorced almost 3 years. Now, his ex is considering filing for alimony. Does she have a case? NJ

A: Hello and thanks for your question. I'll do my best to answer you here as specifically as possible with the information that you have provided. You have indicated that your fiancée has been divorce for nearly three years at this point and that his ex-wife is just now considering filing for alimony. Did she seek alimony in the divorce? Was there a divorce trial? Were both of them represented by counsel? Of course, please don't share too much personal information, here. Just wanted to advise that more info would be asked for in a consultation with an attorney.

Generally speaking, however, if alimony(now called spousal support here in New Jersey) is not asked for in the divorce, or if it was asked for but denied by the judge in a divorce trial, the issues has been litigated and it cannot be brought up again down the road. In fact, if a husband or wife waives alimony (voluntarily gives it up) in the divorce, the court will question him or her about whether or not they really understand the consequences of waiving their possible right to the support.

It is extremely difficult to go back into a judgment of divorce. His ex would have to show that your fiancée somehow concealed facts from her or committed a fraud that led her to believe it was wise to give up spousal support. If the judge ordered no support, then she is going to have an even tougher time.

If he has more questions, or if she does indeed file papers with the court, I suggest he schedule a consultation with an attorney so the papers can be reviewed. Many firms, like ours, offer free consults. Hoping this helped. Regards, Bari