i have been divorced since 2002 and recieve alimoney.since then my former spouse married his mistress who is financially very capable of supporting him.he resides in her home and drives her vehicle. i feel that i deserve a financial increase in my alimoney. would i have a chance in court? thank you.
2 Answers from Attorneys
Sorry, but that does not qualify you for an upward adjustment. It is based on need and her income does not factor into it. Your chances in court are very slim, if that is all you got to go on.
Increasing alimony is generally forbidden since it is usually based on the lifestyle you had during the marriage (though there are many other factors that come into play as well).
Usually, the only reason alimony can be increased is if was was previously decreased due to an ex-spouse's inability to pay. In other words, alimony gets set at the divorce based on how you lived during the marriage, so increasing alimony makes no sense. After all, you marriage lifestyle can't possibly get better after you've already divorced, can it?
However, if your ex-husband said at the divorce trial, "I can't afford that much alimony," back when you got divorced, you can now go back to court and say, "He couldn't afford it then, but he can now, so I should get an increase." That's about the only way you could get an increase.
One caveat though: if you signed a settlement agreement back when you got divorced, agreeing to the amount of alimony you now get, you're probably stuck with it. We have to live with the deals we make.