1-800-486-4070

If you and your spouse agreed in writing in a professionally-prepared Divorce Settlement Agreement as to the amount and length of time alimony is to be paid, it is not necessary that the final divorce decree specify, mention or order alimony to be paid. 

If alimony is required by the written agreement and it is not paid, the person receiving the alimony must sue the person required to pay the alimony. If alimony is ordered by the decree or the alimony agreement is incorporated into the decree, the person due alimony and not receiving it must go to Court and seek enforcement of the alimony order. While the processes are different and ordered alimony is theoretically faster to enforce, two judges have told me that, as a practical matter, one is no faster or superior to the other. 

But, all those fine details set forth, one thing is certain: If alimony is not in a binding written agreement or included in the final decree and you just took your ex-spouse’s word that alimony will be timely paid in the proper amount, you better hope that your ex’s word is good because, should alimony stop, shrink or not otherwise be paid as promised, it is unlikely that you will be able to have it paid through Court action of any kind.