My husband and I both receive VA disability. We have the same rating at present but, he has submitted a claim for 100% and most likely will receive it. Also he recently retired from the DPS School system. He makes more money than I do at present. He states that he doesn’t have to give me anything because everything (all utilities) are in my name including the new car that was purchased for me for our 25th Anniversary. My name is the only one on loan however, I use our combined income to pay for it. He also stated that his money is tax free and I am not intitled to anything. Is he correct?
He is not correct and his arguments have no legal basis.
Generally, you would be awarded alimony, and he would have to pay alimony, if you are considered the dependent spouse and he is the supporting spouse. The dependent spouse is the spouse that is actually and substantially financially dependent on the other spouse for their maintenance and support. The supporting spouse is the spouse that financially provides for the dependent spouse.
Alimony is not based on whose name the utilities, assets, or loans are in or whether the income is tax-free or not. Instead, the amount and duration of alimony is based on 16 factors set by statute.
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.