Legal Question in Family Law in Utah
After the fact disability and alimony
My husband and his wife divorced 2 years ago. His ex wife was denied alimony because she worked during the marriage and could continue to do so. She has not made an effort to get a job since then and is living off of child support and her mother. We have now just found out that she ''might'' have a condition similar to Chronic Fatigue Syndrome. She is fine now, she goes out several nights a week and takes odd jobs with her friends. We are expecting her to try and use this new found condition as another excuse to not work and that she may try to go back for alimony. Will a possible disability found a couple of years after the face merit her receiving alimony?
1 Answer from Attorneys
Re: After the fact disability and alimony
Anything is possible depending on the judge and facts proven at trial. The more remote the onset of her condition is from the date of divorce the less likely it is that she would be entitled to an award. There are a number of factors which affect whether the "disability" justifies revising the original divorce decree, including (a) how long married (the shorter the marriage, the less likely a change); (b) the severity of the disability (the more disabled the greater the likelihood); (c) her availability of disability compensation (social security, disability insurance); (d) whether the disability is related to her work history; (e) whether she can be treated effectively; and (f) whether she can be retrained for some other kind of work.
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