My wife left and abandoned our home/marriage and we have had separate homes/finances since August 28, 2022. She has completely supported herself financially without any support from me. I do pay for our cell phones and health insurance though. Her standard of living never decreased at all.
Does this set precedence that she does not require my income?
My annual income is about $35K/year more than hers - *Can she still get alimony, taking into account she left of her own accord and has been completely financially independent since leaving?
It’s possible that she could get alimony, but a $35,000/year income disparity may be not be enough to give her a strong claim.
Alimony is also based on length of marriage, accustomed standard of living, among other things. In fact, there are 16 Alimony Factors that must be considered when determining an alimony award.
Additionally, the fact that your wife has entirely supported herself for a year and has not filed a lawsuit against you for postseparation support or alimony or has not made demands or offers for alimony or spousal support discredit any future alimony claim she may have as she has shown she is not in need of any spousal support and that she is not dependent or reliant on you for her maintenance and support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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Thank you Anna for your response…