Request of Alimoney RIghts

My stbx wife and myself have been separated and living apart since August of 2018, we had a 16 year marriage. During the majority of the marriage she was a stay at home mother. She did get a job and had one for a year and a half before she walked out.She moved out of the marital home and the way she did it i makes me believe she abandoned the marriage by just walking out. I do have proof of marital misconduct, I have been informed that she is finally filing for divorce. I am concerned that she will be asking for alimony.

She has not asked for post-separation support while living on her own this entire time, just over 2 years… Can she still be awarded alimony considering she has gone this long with out any requested support and it is apparent she doesn’t need it?

She actually decided to file for bankruptcy on her own and stick me with all the debit which has caused huge financial distress on my part. I am currently paying child support for all the children as well.

Yes, she could file a claim for alimony along with a claim for absolute divorce. However, the strength of her alimony claim is weakened by the fact that you have been separated for over two years now and she has not once made such a claim or request and has seemingly supported herself since the date of separation. This would give you the argument that she does not have a need for alimony and is not the dependent spouse.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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