When is it appropriate to vary from the 50/50 distribution? If a wife is depenndent and disabled–and has no means of income–and the husband is retired and has a life stye enhannced by an inheritance, is it legitimate to ask for more than 50/50 of his income, which is a tiny fraction of his resources?
How do Triangell area courts look on the argument that the “other factors” in equal distribution come into play? In this case, the other factors end up contributing to large didfferences in standard of living, relegating me to poverty (a rapid lowering of my standard of living from the middle claass–to food stamps, charity and uncertain medical and monthly resources). This leads to a cycle of unpiad bills, debt and low credit wihch further undermines my ability to have a relatively relaxed life. Ironically, my spouse became abusive–the term indginities fits–yet the current agreement on thte table would only prolong indignities of another kind. If I could work I would.
In sort–
how would the court decide what was equal and fair here?
should I aassume I have the right to a stadnard off lviing that resembles my old one–or at least provides ad equate housing and sustenance?
his income is small, but his other ersources are big–and some undisclosed’
oh–how does one find accounts that are nontaxable–and undisclosed? Could I do it–or does it require legal action?
You could file for alimony, but would have to prove she is actually and substantially dependant on your income to maintain her standard of living. You are not entitled to any of his inheritance, unless he intended to gift the money to the marriage when he did certain things, such as putting it into the joint account. Alimony is based on his ability to pay with his current income, and expenses. His inheritance is considered his separate property. It is not clear to me if he is receiving income from this inheritance. If the inheritance is not producing income, and he didn’t gift it to the marriage, then you would not be entitled to alimony because support obligations are established using the incomes that existed on the date the parties separated, and for the period of time shortly before they separated.
All debt incurred during the marriage is presumed to be marital and will be distributed equitably as part of equitable distribution. Your being on disability and/or having no income, or less income than your spouse could certainly be a factor in awarding you an unequal distribution (less of the debt). The presumption is that a 50/50 division is equitable but there are many factors the court can consider in awarding an unequal distribution. You can read more by clicking on the Property Division Statute on the home page. Or see NCGS 50-20 for a comprehensive list of factors the court can consider in awarding an unequal distribution.