I have been the primary breadwinner for the duration of my 15 year marriage. My husband was the primary at-home parent to our 3 children who are all school age at this point. There have been promises that he would work for years and he assures me he has been looking for a job, but he has not maintained employment for more than 6 months for the duration of our marriage. His lack of employment stability is part of the reason I would like to divorce. My question is, since he is essentially unemployed (income of <$5000 last year) am I liable for the full amount of spousal support in a situation like this? Thank you for the help!
Yes, you could be responsible for full alimony since historically he has not worked much during the marriage.
However, you may have an argument that he is capable of working and is voluntarily choosing not to, and therefore he is voluntarily unemployed or underemployed. This could reduce the alimony amount or duration, but there is no guarantee.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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