If you went to court, IMNSHO, she probably wouldn’t get alimony. Both parties are entitled to ask for it, though (I think).
However, it may simply be cheaper to pay her off than to spend the money on attorney’s fees for a court hearing or extended negotiations.
$600.00 (and don’t forget, this is an above-the-line tax deduction for you!) comes out to four (give or take) or fewer hours of attorney’s time, and a court hearing (or possibly extended negotiations) would almost certainly exceed that…
If my STBX said something like that, I’d be asking where do I sign? (The STBX has already chewed up enough my money in attorney’s fees…)
Although this does depend on what her income is, what your disability is, whether your disability is temporary or permanent (and how much any extra care for your disability costs. If temporary, how long before you return to work? (If it’s permanent, and she’s currently making more, she might be required to pay you alimony if you both went to court…)
IMNSHO, if she’s talked to an attorney, it would probably be advisable for you to do so, as well.
Alimony is based on the income of both parties. The spouse that makes less money is entitled to alimony from the spouse that makes more money. However, the spouse that makes less money has to prove they have a financial need for alimony. Depending on the difference in your incomes, she may get alimony. This is a question that cannot really be answered without meeting with you and reviewing all the facts of your case.
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
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Chapel Hill, NC 27514
(919) 321.0780
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I’ve been separated since January 07. My wife and I have agreed to a do it yourself divorce. Thankfully, we have no children. Recently, she talked with an attorney, then called me and said she’s entitled to alimony. She is working part time. I’ve been on disability since July 2007 making $1200 month. However, I was making a majority of the income (70%) during the past 4 years. We got married June 16, 2002. So we’ve been legally married over 5 years including the separation time. Is she entitled to alimony?
She said she got an alimony document from the attorney and we could settle w/o an attorney. She is asking for $100 month for 6 months. Should I settle on it and get it over with? How do I make this legitimate? Get it notarized? Please advise and thank you very much for your council.
