Alimony claim


#1

Hopefully, the attorney will respond to this but I don’t think that she can qualify as a dependent spouse after the date of separation. Basically, if she wasn’t dependent prior to your separation and your salaries are similar, I don’t think that she has a claim as one now.
Since you already have an agreement in place regarding the mortgage and other finacial issues, I think that will be sufficient. I am not sure that a judge would think that it’s your responsibility to begin keeping taking care of her finacially if you have not been doing so prior to your separtion…


#2

In order to be a dependent spouse she must have been dependent during the marriage. Circumstances that arise after you have separated do not qualify to make her dependent.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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(919) 321.0780

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I have a similar, but different circumstance. What if a spouse was dependent for 20 years of the marriage then AFTER the divorce, the spouse who was supporting for those years decides to live off disability. His disability income is now lower than the dependent spouse’s income. How is then alimony determined. The once supporting spouse committed adultery. Can he still be made to pay?


#4

Yes, the supporting spouse can still be made to pay if the court finds they are deliberately suppressing their income.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

STBX and I have been separated for almost a year. We are now going through ED and have been having difficulties coming to an agreement. She wants alimony, but she is not a dependent spouse. My lawyer says she will not likely get alimony based on our salaries.

There have been rumors that my wife will be attempting to file for disability due to a long-term (15+ years) medical issue. This issue has never hindered her ability to work in the past, though it HAS given her some problems. But nothing that wasn’t modified with medication. She works in the medical field, so my fears of having ‘doctor’s orders to not work’ will come about also (she has many doctor friends).

My feeling is that she is going to attempt this so she will qualify as a ‘dependent spouse’ thus qualifying for alimony. I haven’t paid any PSS thusfar due to the fact that I’m still paying the mortgage on the house plus some other joint bills. We do have a separation agreement addressing these obligations.

Question: Can she file for disability this late in the game in order to qualify as a dependent spouse? If so, is there anything I can do about it?