A 74-year-old woman reports receiving only $1,460 per month in Social Security benefits. Her ex-husband, a millionaire, refuses to pay court-ordered alimony. She claims his financial statements show assets in the millions while she has very little money.
The woman’s situation raises questions about the enforceability of alimony agreements. When one party fails to pay, the court can hold them in contempt. This can lead to wage garnishment, property liens, or even jail time for the non-paying spouse.
Her ex-husband’s age does not automatically exempt him from alimony obligations. Many divorce settlements require ongoing payments regardless of retirement age. However, he may seek a modification if he can prove a substantial change in financial circumstances.
The woman should first verify her original divorce decree. The document will specify the exact alimony terms, including payment amounts and duration. Locating this paperwork is essential for any legal action.
She should contact the family court that handled her divorce. Filing a motion for contempt could compel the ex-husband to pay overdue amounts. The court may also order him to cover her legal fees.
Her ex-husband’s wealth may work in her favor. A judge may view his refusal to pay as willful, especially given his assets. An attorney can help gather evidence of his financial status.
Time is critical in these cases. Alimony enforcement has statutes of limitations in many states. Delaying action could weaken her legal position or limit recovery options.
The woman should consult a family law attorney immediately. Many lawyers offer free initial consultations. She can also seek help from legal aid organizations if she cannot afford representation.
Her primary income is Social Security, which may not fully cover her living expenses. She should explore other benefits, such as spousal Social Security payments, if she was married for at least 10 years.
