Dependent Spouse

Dear fwondering:

Greetings. Yes, she is a dependent spouse, even if she supported herself. Now, the statute says that she must be substantially depedent or actually dependent. The deal is how can she with $22,000 in income keep herself up to the same standard of living that she had during the marriage with you?

On the otherside, I think that you could argue no alimony based on the fact that she has been doing fine without the same, as long as she has not accumulated a lot of debt, etc. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

If I earned under 40k at time of separation and divorce,(now 52,000) and my ex earned 22 and still does. If she has supported herself for the past two years. Is she really still considered a “dependent spouse” ?