Question:

I agreed to alimony with no time limit when I divorced nearly 20 years ago just to get everything over with. I now regret this decision, and would like to know if it can be modified.

Will the courts end permanent alimony since I have already paid longer than would be required by law?

Answer:

Without knowing any more about your particular situation, I would advise you to learn more about the law in your area regarding modification of existing final orders.

For example, in Texas, spousal maintenance (alimony) can be allocated to a party upon a showing that there has been a 10-year marriage, there has been a history of family violence or that either a spouse or a child has a disability that will require long-term care.

Per the Texas Family Code, there are limits as to the duration and amounts of alimony. However, Texas does allow parties to contractually agree to an amount and duration of alimony payments.

The state will not necessarily step in to undo a bad deal, but they will review and approve any order before it is finalized.

Additionally, the state in which you originally signed the Final Decree of Divorce may still have “continuing and exclusive jurisdiction” to change your order, which would mean that you must comply with that state’s law on modifications of existing orders .

It sounds to me like there may be more facts regarding this case that need to be shared with an attorney licensed to practice family law in your jurisdiction.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in our state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.