Will she get the alimony?


#1

Have you read the 15 factors used in considering alimony? She very likely will be awarded some alimony.

The court’s alimony order must make findings on all these factors and also on all factors in the following list about which either of the parties has presented evidence: (1) The relative earnings and earning capacities of the spouses; (2) The ages and the physical, mental and emotional conditions of the spouses; (3) The duration of the marriage; (4) The standard of living of the spouses established during the marriage; (5) The relative needs of the spouses; (6) The contribution of a spouse as homemaker; (7) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs; (8) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child; (9) The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others; (10) The marital misconduct of either of the spouses through the date of separation; (11) The contribution by one spouse to the education, training, or increased earning power of the other spouse; (12) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support; (13) The property brought to the marriage by either spouse; (14) The federal, state, and local tax ramifications of the alimony award; and (15) Any other factor relating to the economic circumstances that the court finds to be just and proper.


#2

Dear ncguyinnc:

Greetings. Wow…I am always amazed at how smart and “with it” our forum members are. Yes, you will likely pay her some alimony for at least 7-10 years, maybe more.

Alimony is generally based on each party’s needs and aims at keeping the dependent spouse in the same spending position (living style) as before the marriage ended. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
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.


#3

She wants to divorce me after 25 years of marriage. She makes 55K, I make 125K. We have two kids who will live primarily with her (more than 240 days/yr), which I guess amounts to a “sole” custody. I calculated my child support dues as $1150 using the NC child support calculator.

Now she says she wants me to pay her an alimony, because I make more money and because we have been married for so long. I refuse, saying that I will pay enough in child support. She want to go to court.

Will she win?

There was no spousal infidelity involved.

Anyone wants to chime in?

guy