I’ve been married for 39 years and my husband is a dependent spouse. Therefore, alimony is to be rewarded to maintain his standard of living. Is alimony necessary if the distribution of his share of my retirement (in an annuity) will provide him with the same monthly income as alimony?
You will still likely have an alimony obligation. The division of property is a separate issue and is independent of alimony. He would still be entitled to one-half of a marital annuity plus alimony instead of one-half of the marital annuity or alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
We are aware of what an attorney would advise as far as alimony, however my husband and I can agree to what we feel is fair to the both of us, correct? Basically the amount of my retirement income that he will receive affords him an income of over $6,000 a month for the next 30 years.
So if we chose to forgo alimony in lieu of the retirement income distribution, could we do that?
Yes, you can waive alimony if you believe that is best.
However, the dependent spouse is likely to be entitled to alimony and the retirement income since the retirement income is divided in equitable distribution and not the alimony process.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.