Miami, FL asked in Divorce for Florida

Q: Can ex-wife ask for alimony after divorce is final with alimony waiver on the Marital Settlement?

Hello,

My divorce is final since Feb 2018 and now my ex-wife is asking me for alimony even though we signed a Marital Settlement Agreement where "both parties waive the right to alimony". She was the petitioner.

I understand that in Florida "if no alimony is awarded at time of divorce, the court has nothing to modify. In Florida, if the original case closes out without any alimony award, you cannot go back and modify the judgment to get alimony. The technical reason is because the court lacks jurisdiction over “alimony” once the no-alimony order is signed. This is an absolute rule – with no way to get around it. If you close your original case without alimony – there will never be alimony".

Also she is not complying to all that we agreed on the Agreement.

And she has an inherence of $600K in cash, properties and 401K.

But she is telling me that she doesn't want to work full-time because she doens't want our 2 kids be with a nanny. We agreed on $1000 for Child Support.

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1 Lawyer Answer

Matthew Podolsky

PREMIUM
Answered
  • Tampa, FL
  • Licensed in Florida

A: Generally, if alimony is waived and the final judgment has been entered alimony should not be awarded. Further, if the final judgment was entered over a year ago the options to reopen the case would be limited.

If your ex-spouse is not complying with the terms of the Marital Settlement Agreement, you may have grounds to file a motion for contempt. Additionally, your ex may be sanctioned and have to pay your legal fees if the motion for contempt is granted.

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