CAN A PARTY SEEK ALIMONY TWO YEARS AFTER A DIVORCE IS FINALIZED?

QUESTION: Can a party sue for alimony 2 years after a divorce is finalized when both parties waived alimony at the time of the divorce?

MY RESPONSE:

If the waiver of spousal support was properly done, any attempt to seek spousal support two years after the Judgment of Dissolution of Marriage was entered will likely be unsuccessful.

Family Code Section 2122 sets forth the grounds and time limits for a Motion to set aside a Judgment, i.e., actual fraud, perjury, duress, mental capacity, mistake in connection with a stipulated judgment, and failure to comply with the disclosure requirements, but many of those grounds have a one-year statute of limitations.

In particular, Section 2122(e) requires a Motion based on mistake as to a stipulated or uncontested judgment (whether mutual or unilateral, mistake of law or fact) to be brought within one year after the date of entry of judgment.

However, if the waiver of spousal support was not properly done, the issue of spousal support may remain a viable issue after the divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |