Can my husband’s ex-wife reinstate her alimony without his receiving a copy of the court order?

UPDATED: Oct 28, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 28, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my husband’s ex-wife reinstate her alimony without his receiving a copy of the court order?

I am trying to figure out if she has the right to continued alimony and how we go about fighting it. She has not remarried and per their agreement, as I understand it, he has fulfilled his obligation to her. She lives in FL and we are now in CO.

Asked on October 28, 2010 under Family Law, Colorado


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the court order only stipulated he was to pay her support (alimony) for a certain amount of years or until she was remarried, then you need to look at that order again to see if he has fulfilled his total obligation under the divorce decree.  If the divorce decree states he must support her for the rest of her life or until she remarries, and she is not remarried, he should have been paying her support all along.  Either way, if there was a legitimate break in the support per the divorce decree, she cannot simply force repayment.  She must seek a new amended order. He could also seek a declaratory ruling on the matter or an amendment to the order.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption