Alimony in reference to Length of Marriage


#1
quote:
[i]Originally posted by Roberts[/i] [br]Length of the marriage is one of the "16"(I think) statutes, that determines if alimony is awarded. Even though I read a posted answer that stated that there is no set "length" of marriage as referenced in the determining statutes, is there a typical length that is, usually, considered "too short?" I'm wondering in efforts to determine if I should even consider pursuing it in filing an upcoming lawsuit, i.e. one that is for property division, child custody, and child support? Thanks, in advance, for a response to this inquiry[:)]

BTW… one attorney I consulted with said it wasn’t worth pursuing…length of marriage-separation date is approx. 10mths; have another scheduled initial consult with difft. attorney soon


While the state statutes do mandate that alimony is mandatory in cases of marital infidelity (solely on the part of the supporting spouse), it may not be worth it. If marital infidelity isn’t part of the picture in this case, it’s almost certainly not worth pursuing it, since the marriage is so short, unless there is a fantastic difference in incomes, and said difference occurred during the marriage.

I’ve heard (so take with obligatory grain of salt) that unless you have a marriage (DoM to DoS) of at least ten years, it’s not prudent to count on alimony at all.


#2

There is no hard and fast rule, however alimony is generally for half the length of the marriage. This varies greatly if you have a marriage of less than four years or a marriage of greater than twenty years.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

Length of the marriage is one of the “16”(I think) statutes, that determines if alimony is awarded. Even though I read a posted answer that stated that there is no set “length” of marriage as referenced in the determining statutes, is there a typical length that is, usually, considered “too short?” I’m wondering in efforts to determine if I should even consider pursuing it in filing an upcoming lawsuit, i.e. one that is for property division, child custody, and child support? Thanks, in advance, for a response to this inquiry[:)]

BTW… one attorney I consulted with said it wasn’t worth pursuing…length of marriage-separation date is approx. 10mths; have another scheduled initial consult with difft. attorney soon