Posting for a friend: They have been separated for 18 months and she is living in the marital home w/the 2 children and we have mutual agreement for sharing custody (without legal papers) She did not work for the first 8 years of marriage to stay home with children and continued to maintain her career registrations. She has been gainfully employed for the last 5 years. He currently is still paying all the bills (except for her personal credit cards) until legal papers are completed. She is “asking” for alimony and 1/2 his retirement. Since she is “not” a dependent spouse how can she be “entitled” to alimony?
Whether or not a spouse is dependant is not determined solely on the basis that the dependant spouse earns income. If she earns substantially less than he does, and is in need of a share of his income to maintain the standard of living she enjoyed during the marriage, she is a dependant spouse.