Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Did you ask for any of money from that account during the divorce? Did the two of you enter a separation agreement? And how long have you been divorced?
Money he has in a bank account isn't part of alimony, it's part of the equitable distribution of marital assets. Equitable distribution unfortunately cannot be modified like alimony can. Judges also typically will not modify an award so soon after the divorce. If you didn't ask for the money during the divorce proceeding, you'd be legally considered to have waived the right to request it. But if the funds are money that he put into the account after you were separated, that's his separate property. In that case, you would not have been entitled to the money in that account.
If your ex-husband's income increases significantly, then you may have the ability to request an increase to alimony based on his earnings at that time. Usually a judge won't hear a modification request for at least a year after the case ends.
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