Future Alimony payments

What resources are available if the non-citizen spouse moves back to home country to avoid paying long term alimony?

The spouse will still have an alimony obligation assuming that spouse is the supporting spouse and the other spouse is the dependent spouse.


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.

But what if the supporting spouse moves to home country for good? in that case how can the dependent spouse claim alimony in the U.S?

If the dependent spouse files a claim for alimony in NC, then alimony is based on the accustomed standard of living during the marriage and both parties’ incomes, regardless of where either party lives.


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.

I am a dependent spouse and my spouse forged adultery claim upon me and got away from giving me alimony during mediation. The separation agreement was finalized as the mediator said that adultery on part on dependent spouse overtakes abuse (my spouse was abusive throughout the marriage) and that going to the court will be very expensive as they would want forensics on my digital footprints. Is there any way to claim alimony?

If your separation agreement is final as to alimony (fully resolves alimony by waiver or otherwise and is signed and notarized by both parties), then you will be unable to sue your spouse for alimony. If there is a waiver of alimony in your separation agreement, it probably specifically prohibits and bars a suit of alimony.

It is correct that an act of illicit sexual behavior during the marriage by the dependent spouse will bar the dependent spouse from receiving alimony.


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.