Length of Alimony


#1

I live in wayne county. I have a question about the length of alimony that I can get. I spoke with an attorney that said half the length of the marriage was the standard and basically since I am not older or retired that’s all I will get. The basic facts are: I am 27, my husband is 29, I have been married for almost 7 years, my husband packed up is stuff and left after I found he was having an affair AGAIN, has refused to come back and work things out and he wants a divorce, we have no kids and he is the sole income earner. So, I think that I should be entitled to alimony until one of us dies or at least more than 3.5 years, since he is at fault and I do not want to separate and intended to be married to him until my death, but he has left me with no other options. Given the facts above is that possible under the law in NC to have alimony be ordered for life, or if he agrees to it in the separation agreement and its is made non-modifiable, will the court uphold it?

Thanks
SMM


#2

There is no concrete formula in the statutes which delineates a term for alimony, but rather there is a list of factors to be considered. You can read these factors in the full text of the statute, a link to which is provided under the alimony tab.

Lawyers tend to use half the length of the marriage as a rule of thumb, but it is my no means what the law states.

Lifetime alimony is rare, and in my opinion would not be granted in the case of a 7 year marriage, especially with both parties being so young. If however your spouse agreed to the same, the court would uphold the contract.


#3

If a couple has fairly sizable assets, will this reduce the amount of alimony that the “dependent” spouse receives?


#4

Yes, property received in ED is a factor the court considers.