Alimony


#1

The actual duration of the marriage was 2 years and 3 months - the wife forced the husband out of the marital home during one of her mental breakdown cycles - with the divorced being filed by the husband the 1 year and 1 day after separation as NC Divorce Law allows. The absolute divorce was granted less than 2 months later (July 5, 2011). Both parties are on fixed incomes: She has a disability maintenance check (due to diagnosed Schizophrenia) from which she has been able to continue to live in the marital rental home throughout the separation and divorce, and is still living there now. He is also on a disability maintenance check (Military Post Traumatic Stress Syndrome) from which he has been able to rent a trailer to live in throughout the separation and divorce, and is still living there now.

During the actual divorce hearing, the wife expressed the desire for alimony to the court and was told that she has 6 months to apply for it. So, the ex-wife is now writing letters to the ex-husband, forwarding a copy to the court that granted the divorce, demanding random amounts of alimony payments and large lump sums of money. His income is greater than hers, but not in any excessive amount. Neither individual can work at a job to increase their income because of mental issues preventing it. He was given a lump sum settlement from the Military over 15 years ago for his service in Vietnam that is in Trust for his Grandchildren. Both parties are in their 50’s with no children between them. There has been no abuse, violence, or illicit behavior charges by or from either party.

Given the short term duration of the marriage, and the fact that both parties have a fixed and limited income, is it possible that she could be granted alimony and/or be allowed to claim money from his Military settlement?


#2

For her to get alimony, she would need to prove to a judge that she was a dependent spouse and you were the supporting spouse. Given that you are both on a fixed income, I doubt she can prove this unless your situation was drastically different when you first got married but even still, it was a short-term marriage. Also, she will not be able to claim anything from your military settlement since you say that you received this money over a decade before the marriage. That is your sole and separate property. Unless and until she gets a court order requiring you to pay alimony, you are under no obligation to do so. She cannot randomly demand various amounts of money from you under the guise of alimony.