Regarding Allimony. My fiance & his ex-wife had a separation agreement dated october, 2005 which he followed.

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Regarding Allimony. My fiance & his ex-wife had a separation agreement dated october, 2005 which he followed.

This agreement was filed in Sacramento country court.He was overseas working. She said she’d filed the agreement with the courts & he thought their divorce was final a few months later… however she neglected to file & the divorce wasn’t final for 18 months later. Is he bound by the dates on the filed agreement regarding allimony or the actual date of the divorce?

Asked on July 3, 2009 under Family Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The first thing a lawyer would want to do here is read the agreement itself.  If the agreement sets up the alimony payments based on the date of the agreement, your fiance has nothing to worry about, he can just follow what he always understood was the deal.  But if the agreement dates the alimony from the date of a divorce judgment, it can get complicated, depending on what he was supposed to pay after the agreement was signed but before the divorce, and you'd really want a lawyer who practices in Sacramento County to take a look at the agreement and all of the facts, for reliable advice.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The first thing a lawyer would want to do here is read the agreement itself.  If the agreement sets up the alimony payments based on the date of the agreement, your fiance has nothing to worry about, he can just follow what he always understood was the deal.  But if the agreement dates the alimony from the date of a divorce judgment, it can get complicated, depending on what he was supposed to pay after the agreement was signed but before the divorce, and you'd really want a lawyer who practices in Sacramento County to take a look at the agreement and all of the facts, for reliable advice.


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