Alimony


#1

How much is she asking for, and for how long?

IMNSHO, she may not get anything if she files in court. Of course, that’d be up to the judge. (Attorney’s fees award to the dependent spouse is possible as well, and is entirely up to the discretion of the judge.)

Of course, it might be cheaper to offer a small amount of alimony for a very short amount of time.

You get to take the alimony off of your taxes, and you can minimize the amount of attorney’s fees you both spend.


#2

btw, I don’t see that she would be granted anything in excess of over $225/mo. (I took your gross income, and her “net” income (is that her AGI or her taxable income?), found the median, and then divided the difference between the median and her income by 12 for the monthly amount. Median between your gross and her “net” is about $68,000, difference is about $28,000/yr, giving $225/mo.)


#3

Unfortunately, even with the specific financial details you have given, I cannot answer this question for you, alimony is subjected and based on many factors. I could not analyze this without reviewing all the facts in your case, including the non-financial issues.

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.


#4

I would be grateful for just a quick answer to the following question based on your experience.

Wife and I married 5 years
I make $96,000 per year
She grossed $78,000 last year self-employed. She netted down after tax write-offs to $39,600. Some questionable write-offs.
No children between us.
She worked the entire time we were married.
I supported her son from a previous marriage the entire time we were married (ex-husband lives local and shares costs) w/ no child support payments from ex-husband.
Divorce is based on irreconcilable differences. No one cheated or anything like that.

Based on these simple facts, what, if anything, could I