If asking for alimony due to bed/board divorce plus husband makes 200,000+ a yr & I make about $35k can he get around paying alimony??? Say because of what he has in debts?
Alimony is awarded when there is a dependent spouse (the spouse that is actually and substantially dependent on the other spouse for their maintenance and support) and a supporting spouse. Based on the facts you have given, you would likely be awarded alimony. While assets and liabilities are considered in whether or not to determine alimony, the amount of debt is not the only factor and it alone would not end your right to alimony.
Alimony in NC is based on 16 factors:
- The marital misconduct of either of the spouses.
- The relative earnings and earning capacities of the spouses.
- The ages and the physical, mental, and emotional conditions of the spouses.
- The amount and sources of earned and unearned income of both spouses, including earnings, dividends, and benefits such as medical, retirement, insurance, social security.
- The duration of the marriage.
- The contribution by one spouse to the education, training or increased earning power of the other.
- The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child.
- The standard of living of the spouses established during the marriage.
- The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs.
- The relative assets and liabilities of the spouses and the relative debt of the spouses, including legal obligations of support.
- The property brought to the marriage by either spouse.
- The contribution of a spouse as homemaker.
- The relative needs of the spouses.
- The federal, State, and local tax ramifications of the alimony award.
- Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
- The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property.
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