Dependent Spouse Support

I have been married for 23 years, and am 65 years old. My husband makes $140,000 and is going to present me with a draft separation agreement drafted by his attorney (via employment benefit). My question is, what should ideally be presented to me in addition to monthly support fo an agreed duration, and medical coverage for a year? Am I also emtitled to a part of his pension? No house to sale, no kids to raise.
Thanks do much!

An award of alimony is based on 16 Factors, so there is no “norm” for alimony.

You can use our NC Alimony Calculator to see what alimony could look like in your situation, but keep in mind there is no formula for determining alimony in NC and instead is based on the 16 Factors.

As the dependent spouse, you are likely entitled to health insurance coverage until you are divorced unless you have committed an act of illicit sexual behavior during the marriage (prior to the date of separation).

You are entitled to half of his pension for so long as the pension is marital. A pension is marital if he accrued the pension benefits during the entirety of the marriage. Otherwise you are entitled half of the marital portion of the pension.

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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