Balking at Alimony

We are a legally married same sex couple. My wife left me for another woman (currently living with the other woman) and has not worked in 4 years by her own choice. When discussing moving forward with a divorce, I said I wanted ($500) of alimony to make up for a short fall in expenses. She balked and said I would never get it, that I am the one making money, not her so if anyone would get alimony it would be her. Where would I stand on this; she had/is having the affair, she left me, I did not want to end the marriage, we are now separated, I work, she does not at this time but is able to. We have one child that is 50/50 in residence and expenses at this point. If I pushed the issue do I have a reasonable chance of being awarded alimony and would I be able to collect it?

If your spouse has not worked throughout the marriage and you were the one financially supporting the marriage and the household, then you would likely not be entitled to alimony. She may have an alimony claim but if she may barred from being awarded any if she committed an act of illicit sexual behavior between the date of marriage and the date of separation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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