Can Husband get Alimony off Wife's disability?


#1

If a non-working couple wants a divorce (mainly the wife because the husband has it made), can the wife, who is on disablility, throw him out without paying the STBX husband alimony? He refuses to work and mooches off my disablility. he says if he leaves he will get alimony. Is that possible since neither one works for income?

thanks in advance.


#2

First, a determination has to be made that a party is a dependent spouse, and then a judge must make a determination that the supporting spouse has the ability to pay. There are a lot of factors that are taken into consideration when determining how much, if any, alimony should be paid.


#3

He is dependant in the sense that he has lived off of her income (disability) for the last 9 years, while unemployed. He is completely able to work, healthwise and mentally. Does that qualify as “dependant?”


#4

“Dependent spouse” means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. N.C.G.S. § 50‑16.1A.