Alimony/pay-off?


#1

If you make approximately the same amount I do not think that alimony will be an issue. I’m not sure what the $8000 request is for unless it’s cash in place of property…basically buying her out of her share of the marital assets.
Hopefully and attorney will respond because it sounds to me as though there’s some home that something will get signed just to keep it out of court. And if you sign something like this then there’s no getting out of it down the road. If you have divided the marital assets equally then I see no reason to just give her money. My husband’s ex wanted a similar amount and even told him that would be the only way she would sign an agreement with him. When he refused and explained that there was no legal basis for this amount…she lowered it. In the end she said she would take $2000 but he refused that too and it was never even brought up in the final agreement.
If she gets awarded the money I would think that the courts would allow some time frame for the amount to be paid, but it doesn’t sound as though that would happen regardless because there is no basis for the request.


#2

Generally when two parties have the same income alimony is not an issue, there are other factor’s that could influence this, however if your attorney has advised you alimony does not apply, then those factors are probably not a issue in your case.

A distributive awarded is generally granted when there is a differential in the property awarded to each party and the distributive award attempts to equalize the amount received by each party.

If you do not have any cash a judge would generally order the division of some other asset instead.

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.


#3

My STBX and I made about the same income (within 1K). She just got a raise so it may be more equal now. We are in the midst of ED. She is asking for $300.00/mo alimony for 15 years as well as a ‘distributive award’ of $8000.00. I was told my my lawyer that she is not eligible for alimony based on our incomes.

Will she be awarded this money? I was the one that left the marriage. I do not have 8K in cash for a ‘pay-off’. This request came as ‘counter offer’ to my offer for ED. Do we just counter back and forth? We’re trying to avoid mediation costs.

Questions:

  1. Can she get the alimony?
  2. What are the basis for awarding a distributive award?
  3. What if I don’t have the 8K, yet she gets awarded it?