Get Free Answers From Experienced Lawyers!
Q: Can I pursue alimony years after divorce in Alabama?
I finalized my divorce in Alabama in 2012, and during that time, I used my husband's lawyer and was not advised about alimony. Since then, my financial situation has changed significantly as I now have SSI income due to a seizure condition. Can I still pursue alimony after all these years?
A:
In Alabama, alimony must generally be requested and decided at the time of divorce. If it was not awarded in the original divorce decree, the court usually does not allow someone to come back years later and ask for it. Since your divorce was finalized in 2012, the window to request alimony has most likely closed.
There are limited exceptions, such as if the divorce decree left alimony open for future consideration, or if there was some form of fraud or misconduct in the original proceedings. However, using your former husband’s lawyer instead of your own would not automatically allow you to reopen the case now. Courts are very strict about finality in divorce judgments, and more than a decade has passed since yours was entered.
Given your current financial situation and SSI income, your options may be different now. Instead of alimony, you might explore public benefits, disability-related resources, or other forms of financial assistance that could help ease your situation. It may also be helpful to have a legal professional review your divorce paperwork to confirm whether any unusual provisions were included that could give you a path forward.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.