Legal ?/HELP!


#1

Until you are actually living in NC, NC does not have jurisdiction over any of the issues related to your divorce.

However, assuming that you were living in NC, you would be entitled to alimony if you could prove that you earned less than your spouse and needed his income in order to maintain the standard of living of your marriage. Courts review the factors listed below to determine the amount and length of alimony, although there are no formulas or percentages to decide the amount.

(1) The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation;

(2) The relative earnings and earning capacities of the spouses;

(3) The ages and the physical, mental, and emotional conditions of the spouses;

(4) The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;

(5) The duration of the marriage;

(6) The contribution by one spouse to the education, training, or increased earning power of the other spouse;

(7) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;

(8) The standard of living of the spouses established during the marriage;

(9) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;

(10) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;

(11) The property brought to the marriage by either spouse;

(12) The contribution of a spouse as homemaker;

(13) The relative needs of the spouses;

(14) The federal, State, and local tax ramifications of the alimony award;

(15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

(16) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties" marital or divisible property.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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.


#2

Hello!

I hope that you can assist me as I am in the process of relocating to NC from Hong Kong, China via Kentucky.

I have been living with my husband, Jeff in Hong Kong for 1.5 years. We relocated there for his job and I have been supporting his career for the past nine years we have been together, however we did marry in 2001. Prior to our marriage I had to handle the relocation with his company, sell property, deal with the Realtors, set up appointments to get the house ready for viewing, quit my job to do so which I needed for insurance benefits, and this was all done with a great amount of stress to support him! I believe he has had affairs on me while in Hong Kong as on several occasions as he didn