Can you renegotiate a divorce if you discover infidelity afterwards?

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Can you renegotiate a divorce if you discover infidelity afterwards?

After 30 years of marriage my husband asked for a divorce. Confused and hurt, I agreed. Now I have discovered he was having an affair. Can I renegotiate to get alimony as I am having financial difficulty and am having to dip into my retirement account just to pay the bills.

Asked on July 31, 2012 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because you have discovered after the final marital dissolution settlement and decree has been approved that your former husband was having an affair does not entitle you to re-open the proceeding.

If you need an increased monthly alimony, I suggest that you carefully read the marital dissolution agreement to see if there is a provision for modification if alimony is still being paid to you. If so, then you may have a basis for increasing the alimony that you are receiving. I suggest that you consult further with a family law attorney about your matter.


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