Dependent Spouse Support

Hello,
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!
E

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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.