Can I Get Alimony After a Divorce is Final?

White square with a gold border and the black words “Can I get alimony after a divorce is final?” with the Freed Marcroft family law firm logo in the lower right corner.

To answer “Can I get alimony after a divorce is final,” you first need to explore the court’s order in your divorce.

Read on to learn more.

Alimony in the Initial Court Order

Most spouses resolve their divorces via an agreement, which becomes an enforceable order of the court.  These negotiations happen in low conflict litigations, collaborative divorces, and mediations.  In some high conflict cases, spouses can’t reach resolutions and the judge rules on alimony at trial.

Therefore — regardless of how the court order came about — when analyzing post-divorce alimony options, the first step is to review the initial court order.

Alimony Waiver

The court cannot order alimony in the future if alimony if didn’t order alimony in the divorce.  When you waive alimony at the time of the divorce, you also waive any claim for past or future alimony.

Nominal Alimony

If the court awards periodic alimony when finalizing the divorce, it retains the ability to make decisions about alimony down the road — like modifying the amount.  Therefore, spouses’ separation agreements and judges’ decisions often contain nominal alimony awards like $1.

Read: What’s the Point of $1 Alimony?

Modifying Alimony

A very common question is whether alimony can be changed after a Connecticut divorce is final.  This is called a post judgment modification.

As we know, the court cannot order alimony in the future if alimony if didn’t order alimony in the divorce.  When the court orders alimony, the next question is whether the divorce order specifically prohibits modification.

In cases where the order is silent on modification, alimony may be increased, decreased, or eliminated when there is a substantial change in circumstances of either ex-spouse.

Read: Can Alimony Be Changed in Connecticut?

The Comprehensive Connecticut Alimony Guide

Alimony is one of the most important issues in family law.  And, it’s one of the most confusing.  There are no set formulas or rules on (1) whether there will be alimony, and, if so, (2) how it’s calculated or (3) how long it will last.  The good news is that this means there is tremendous flexibility to craft an individualized approach.  In order to prepare to make solid and informed decisions, you need to understand how alimony works. Our Comprehensive Connecticut Alimony Guide tells you everything you need to know about alimony in Connecticut.

Read: Alimony: The Comprehensive Connecticut Guide

Next Steps

To start making a plan for your divorce or post judgment modification, reach out.  Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals.  We analyze those goals, plus the facts of your case, and present you with recommendations and options to move forward.

Schedule your Goals & Planning Conference today, or contact us either here or by phone at 860-560-8160.

 

Written by Meghan Freed