Alimony Question ASAP


#1

My wife and I of 22 years are facing a divorce. Her annual income is $68K and mine is $61K. She is asking for me to pay her alimony of $400 a month due to me abandoning the home and marital misconduct (which she has no proof of). My question is I will be paying $900 a month in child support so how can I also afford to pay another $400 to her when she makes more money than I do? We bring home basically the same thing each pay period because she has all of our family insurance coming out of her check.


#2

Your wife may not be eligible to receive alimony from you. In order for her to receive alimony from you, you would have to be the supporting spouse and she would have to be the dependent spouse. The supporting spouse is the spouse that provided financial support during the marriage. The dependent spouse is the spouse that is actually substantially dependent on the other spouse for their maintenance and support. Without a dependent spouse and supporting spouse, there cannot be an alimony award without both parties’ consent.

Check out our detailed article Will You Owe Your Spouse Alimony After a Divorce? for more information.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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