If you were a ‘dependent spouse’ during the marriage, then that would be taken into effect for figuring up alimony. If you make less after separation, yet made differnt DURING the marriage, then that is not your ex’s fault. Alimony is decided on the wages made during the marriage (before separation…not after).
If this is the case, then you should receive alimony.''If he is trying to modify due to earnings NOW, then there would have to be a significant change to change it. If it’s court ordered (or even an agreement), it will be hard to change it, unless he can show significant cause TO change it.
The factors considered for an initial determination of alimony and a modification of alimony are different.
If the court is making an initial determination of alimony they will consider the age, time out of the work force and earning capacity of the dependent spouse, they will also consider the income of both parties, the expenses of both parties and the ability of the supporting spouse to pay alimony. The age and health of the supporting spouse are also a factor. The length of the marriage can have a significant impact on the courts alimony decision.
If the court is being asked to modify alimony they would look only at factors that have changed since the initial order such as a change in income.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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.
In awarding alimony or modification of alimony, should the Court consider the age, time out of workforce, and earning capacity of the dependent spouse? At age 53, I have been forced back to work earning less in a year than the ex can make in a month. I have reduced my lifestyle significantly. Lost my house because I couldn’t afford to keep it. Just doesn’t seem right that the Court can force a person to live in the manner that I have to and the ex retained most of his income. I have gone from a high, high six figure income to a 5 figure income and am struggling while the ex walks away with almost everything. I thought divorce was “equitable” in nature, but I suffer while he just walks. I have less than 1/4 of the total household income.