Alimony Calculation


#1

I am under negotiations with my wife over alimony. Everything else has basically been decided including the sale of the marital home. I am currently paying the marital home mortgage, all utilities and a monthly amount she decided on for support. I have averaged out the mortgage and utilities and added in the additional amount I pay her per her request. Can I use this amount to point out her standard of living when discussing alimony? The amount she is asking for in the SA is close to a $1k increase. She does have a job, but is unwilling to allow that amount to be used in the calculations. I thought it was Reasonable Expenses - Her Income + My Income to make up the difference. Am I wrong?

Can I also get a legal opinion on the validity of this:

  1. Is medical mandatory in the SA if provided for while married?
  2. Does she have to accept half of the credit card debt (she is responsible for 90% of its creation)
  3. Are bonuses generally part of the alimony settlement or SA in NC?

Thanks - roxer


#2

Alimony is paid by supporting spouse to dependent spouse to meet her financial need. Her expenses minus her income represent her need. There is no formula for alimony in NC. We have an alimony calculator you can find here:

http://www.rosen.com/alimony-calculator/

  1. You can’t generally keep your spouse on your work insurance after divorce.
  2. Equitable distribution is generally 50/50 split of all assets and debts.
  3. Depends. Sometimes agreements have a provision for a certain percentage of bonuses to be paid as alimony or child support.

#3
  1. Specifically, is it mandatory that I provide medical insurance for her after the divorce if it was provided while married?
  2. Does that include making a portion of it available after the first year? Like 50% first year and 20% every year after that?

Thanks - roxer


#4
  1. Whether you choose to enter into an agreement where you continue to provide support is your decision. Nothing is “mandatory” as a separation agreement is a contract that you enter into voluntarily.
  2. Similarly, whether to include a percentage of a bonus as alimony is a term to be negotiated.