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