Adam and Marie entered into a separation agreement whereby both parties surrendered their rights to alimony. Marie was gainfully employed and healthy at the time the agreement was made part of the decree. A year has passed, and a lot has happened to Marie. She was "down-sized," and a previously undiagnosed disease is beginning to attack her health. She doesn't know when she will get another job or if her health will allow her to work at all. Marie wonders whether she could obtain alimony at this late date if she returns to court. What will be the probable outcome?

Question

What will be an ideal response?

Answer 1

Adam and Marie entered into the separation agreement voluntarily. In this situation, the court's hands may be tied because the court does not have an alimony award to modify. If Marie had a fixed amount of alimony to be paid to her periodically, she or Adam could have brought the matter back to court alleging grounds that there has been a change of circumstances for the parties since the order was made. If there had been any inkling that she would lose her job or had an illness, Adam should have put a minimal amount, even $1, for her alimony. This would have created an alimony order, which could be modified by the court.