Prescott, AZ asked in Divorce and Family Law for Puerto Rico

Q: Does alimony get paid in Puerto Rico?? We've been divorced 20 years. Can she file?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, alimony (also known as spousal support or maintenance) can be ordered in Puerto Rico following a divorce, just as it can in U.S. states. However, there are a few important points to consider in your situation:

1. Time since divorce: In most cases, if alimony was not originally ordered as part of your divorce settlement 20 years ago, it is unlikely that a court would order it now after such a long time. Alimony is usually determined at the time of the divorce.

2. Statute of limitations: Puerto Rico, like most jurisdictions, has a statute of limitations on claiming alimony post-divorce. It's unlikely a claim could be successfully made so long after the divorce was finalized.

3. Changed circumstances: Even if alimony had been originally ordered, the likelihood of it continuing for 20 years is low unless your ex-spouse has a disability or there are other extenuating circumstances. Alimony orders can be modified based on changed circumstances of either party.

4. Prenuptial agreement: If you had a prenuptial agreement that addressed alimony, the terms of that agreement would govern.

Given the length of time since your divorce, it seems unlikely your ex-spouse would have a viable claim for alimony at this point. However, you should consult with a qualified family law attorney in Puerto Rico to assess your specific situation and get legal advice tailored to the facts of your case.

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