Can a judge grant alimony if it’s not asked for?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a judge grant alimony if it’s not asked for?
My husband doesn’t work right now but isn’t contesting the divorce and doesn’t
want alimony from me. Can a judge still grant him alimony since he doesn’t make
anything?
Asked on October 15, 2018 under Family Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, a judge in a divorce case has the equitable (essentially, "fairness-based") power to order alimony even if the other spouse wasn't specifically seeking it; that's if the case goes before the judge for him to decide. Judges can exceed what was sought in the filings. If you and your spouse enter into a voluntary settlement agreement to resolve the divorce, and you both sign/agree to it, the judge should simply approve it as you and he have worked out--so you and he could settle between yourselves without alimony.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.