Bed & Board


#1

Dear bitterfly:

Greetings. Yes, if you are the supporting spouse then you owe a duty of alimony. Now, if he has no income because he refuses to work, or has committed some other type of marital fault, then no, it is not likely that you will have to pay him money. Also, paying alimony depends on the length of the marriage, etc. Finally, you should also consider that if he has no funds to pursue you through the court, then you may not want to offer him anything and just go on with your life. Best of luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Will someone please help me understand the difference between a supporting spouse and a dependent spouse. If I make $100,000/year and my spouse makes $40,000/per year which is approximately a 68% to 32% ratio. Can she be classified as a “Dependent Spouse”?

Our standard of living is based off two incomes, not one. Everything we have is because of our combined incomes.


#3

I too would like to add a question about paying alimony to a spouse whose claiming to be a dependent spouse. I also make about $100k per year and my spouse makes around $42k… and unfortunately I have confessed to an affair with the hopes of reconciliation.

We both were attending marriage counseling and resumed marital relations for at least 3 to 4 months. Does she have a good chance of collecting alimony and post separation support even though she decided to leave 5 months after the affair and after foregiving me for my past transgressions?


#4

Dear howlingwolf:

Yes, your wife in that scenario is a dependent spouse. If she makes less than you, she is dependent and the court will likely force both of you to change your life styles downward to make sure that both of you have your needs me. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

If I were successful in getting my husband out of the home, and he basically has no income, would I be responsible for paying for his apartment, living expenses, etc?? Thanks for your help.