Q&A: Worried About Money

Question: I have been married for 12 years to my husband. He only works part-time. Will I owe him alimony and if so how much and for how long? - Worried About Money
June 7, 2017
Worried About Money
Question:

I have been married for 12 years to my husband. He only works part-time. Will I owe him alimony and if so how much and for how long? – Worried About Money

Dear Worried About Money:

Alimony (and it’s kissing cousin Post Separation Support) are paid by a spouse that earns more to a spouse that earns less.  It does not matter if you are a husband or wife, the statute does not consider gender.  Based solely on what you wrote, yes you may owe alimony.

Reasonable needs of both parties

Now, the rest of your question is difficult.  In some NC counties there are alimony calculators or formulas, but we do not use one here.  The judge looks at the reasonable needs of both parties based off of their budgets and incomes which they provide on financial affidavits to the court.  The court may consider why your spouse is not employed full-time and can even impute him with income.  If he is imputed with income, then the court treats him as if he is actually earning that amount.  In that case, he may earn enough of imputed income that you would not owe him any alimony.  Before you agree to anything, go and at least meet with an attorney and find out what they think about your specific situation.  You could end up paying for years, so make sure the amount is correct.  You could also end up not paying at all.  That is more than enough reason to meet with an attorney.  Best of luck!

It depends on your specific situation

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 above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is 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.

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Janet L. Gemmell
Practicing law for over 20 years may have caused Janet some gray hairs, but she remains young at heart, probably because she loves what she does. Janet's focus is to work with clients building new lives after relationship turmoil and although it is hard work, she finds it utterly rewarding. Such work and experiences gives Janet a ton of insight and along with her legal knowledge (afterall she is a Board Certified Family Law Specialist) she is able to get to the heart of any legal matter quickly in order to start helping clients find resolutions and to get their lives back on track.

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