I have been married for 18 years and am trying to get separated and work out an agreement. My husband thinks he shouldn’t have to pay alimony. If we can’t agree on this, and I don’t see it happening, should I just let the courts decide? He has been unfaithful so I know he does have to pay.
*** Not a Lawyer ***
Being unfaithfull does not mean a person has to pay alimony. Alimony in NC is based mainly on whether or not you were a dependent spouse. If you and he cannot come to a decision, or work it out in mediation, it would have to be decided by a judge.
To clarify, if the court deems that a party is a supporting spouse, and that party committed adultery, then the dependent spouse would have guaranteed alimony.
If you cannot agree, you may have to file an action. The issue may never make it to court. Sometimes filing an action and getting attorneys involved is necessary to make the parties more reasonable and understand what their legal obligations are.