Is there a time limit to alimony payments?
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Is there a time limit to alimony payments?
My divorce was final on over 2 years ago. I was married 18 years. One of the things that slipped past me and I did not think to look at, and trusted my attorney to have covered, was a time limit on alimony. My documents currently indicate payment until my ex-wife remarries or dies, but nt time limit otherwise. I have been told that normally there is a limit of “half the life of the marriage”. Is there any way to change this now?
Asked on July 13, 2011 under Family Law, California
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While I am not a licensed attorney in california and things may be different in your state, normally if there was no time limit set forth in the divorce then you are stuck with what they call "lifetime maintenance". Thus, unless your wife dies or remarries or cohabits with another man and holds herselff out as her husband (a common law type situation) then I am afraid that you may be out of luck. You cannot appeal this at this point and the only way to overthrow it would be to file a motion to say that your attorney overlooked it and you would need him to cooperate with you which will not happen. The only other way is to try and modify the maintenace but this would require a showing of some kind depending on California law. Many states like New York require a showing of extreme hardship in order for the court to modify the order. I would consult with a California attorney on this issue to see what the standard is. However, it does not sound that you will be very successful unfortunately.
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