Affordability and Responsibility

He left (supporting spouse). I (dependent
spouse) resides in the home. There is no written or verbal agreement amongst us. I receive no help or support from him. I been paying the mortgage alone. Now in the later half of the year, I need help. I told him he needs to pay half. He has not. So, no mortgage payments been made. I can’t afford it anymore.
Selling the home is the goal, however I need a place. I can’t pay this mortgage and have funds for moving. The housing I could pay does not accept pets. We have 2 dogs. I may have to give up the dogs to find a place I can afford. Buying a home is not feasible; income is too shallow.
Does he have a financial responsibility to help me with housing and the dogs? What about the mortgage? It’s risk a foreclosure or selling without the pets or a place. Could alimony be ask to help me afford housing for myself and/or housing with pets? Does he have a role in any of these situations?

You may be entitled to alimony if he is the supporting spouse and you are the dependent spouse. If you are entitled to alimony, he would have an obligation to pay you an amount each month that you are in need of and would meet your accustomed standard of living from during the marriage. You would then use these funds to help pay your mortgage, rent, or other living expenses.

If your husband is not cooperating with you out of court, then you will need to file a court action against him for equitable distribution, alimony, and postseparation support. This will force him to respond to you, and if you cannot reach an agreement, then there will be a trial and the judge will decide.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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