# Can Husband get Alimony off Wife's disability?

**URL:** <https://forum.rosen.com/t/can-husband-get-alimony-off-wifes-disability/14429>\
**Category:** Divorce and Separation Answers\
**Created:** [October 18, 2012, 5:38pm UTC](https://forum.rosen.com/t/can-husband-get-alimony-off-wifes-disability/14429 "2012-10-18T17:38:23Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![adderlin](https://avatars.discourse-cdn.com/v4/letter/a/e8c25b/32.png) [@adderlin](https://forum.rosen.com/u/adderlin)\
**Post date:** [October 18, 2012, 5:38pm UTC](https://forum.rosen.com/t/can-husband-get-alimony-off-wifes-disability/14429/1 "2012-10-18T17:38:23Z")

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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.

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [October 22, 2012, 2:06am UTC](https://forum.rosen.com/t/can-husband-get-alimony-off-wifes-disability/14429/2 "2012-10-22T02:06:06Z")

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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.

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**Author:** ![adderlin](https://avatars.discourse-cdn.com/v4/letter/a/e8c25b/32.png) [@adderlin](https://forum.rosen.com/u/adderlin)\
**Post date:** [October 23, 2012, 12:15pm UTC](https://forum.rosen.com/t/can-husband-get-alimony-off-wifes-disability/14429/3 "2012-10-23T12:15:36Z")

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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?”

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [October 24, 2012, 12:49am UTC](https://forum.rosen.com/t/can-husband-get-alimony-off-wifes-disability/14429/4 "2012-10-24T00:49:19Z")

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“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.