Using new spouse's income to determine alimony

North Carolina Divorce Law Divorce and Separation Answers
1

Dear kevets42:

Greetings. Alimony has a number of different factors to set the amount. How long was your Ex granted alimony for?

  1. The court can take into account your new spouses’ income, since she contributes to monthly bills (or should since she lives with you) and therefore decreases your expenses.

  2. She must supply any income she is subpoenaed to supply. Yes, you Ex can subpoena this information.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

So what this means is that my spouse is now working to help provide funds to my ex. Seems it would be better if my spouse quit work.

To answer your question; my ex was awarded alimony to be reviewed for modification or termination within two years. It has been 18 months and she now has a job which more than replaces the alimony.

Thanks for your response

3

Dear kevets42:

Greetings. If I were you, I would immediately file a Motion to Modify Alimony and calendar the same. The longer the wait, the more likely you are to continue to pay. If she can support herself, it is doubtful that she will continue to receive alimony (based only on the limited information you contained below).

Your second wife’s income, or lack thereof, is only a small factor and one that I would not worry about. If you worry about it, they dig deeper and call her to testify. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.

4

Thank you for the quick answers. I will pursue the motion for modification or termination. A few followup questions if you please?

  1. Does the court use the financial affidavits from 18 months ago when the order for alimony was put in place or will the court ask for new financial affidavits? Since an absolute divorce was granted all income and debts would have been “frozen” in state between myself and my ex.
  2. The court made the determination of alimony based on the previous order so why would changes in income or debt affect the modification or termination of alimony now? It is my understanding that rehabilitative alimony is to provide income for the dependant spouse until that income can be replaced (which has happened). Am I wrong?

You have a great site that is helping many people. Thanks

5

Dear kevets42:

Greetings. You should always file new updated financial affidavits with your motion. North Carolina does not have “rehabilitative” alimony, only alimony. You are incorrect in your understanding and the court will look at your current financial situation, as well as hers. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.

6

Separated in Feb 2001. Absolute divorce Dec 2002. Ex was awarded alimony. Court order stated I could request termination or modification of alimony within two years. Ex now has full time job which more than replaces the alimony I was ordered to pay.

I am now remarried and my spouse works full time.

  1. Can the court legally use my income AND my spouse’s income as a determining factor in a decision for termination or modification of alimony? If not, can you point me to the G.S. covering this?
  2. What are my new spouse’s legal rights as far as being asked to provide any my spouse’s sole financial information? Income, joint tax return, etc… Can my ex legally subpoena this information?

Thank you in advance