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How can a husband get alimony

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The general rule is that a spouse is dependent when he or she makes less money than the other spouse. Technically, a dependent spouse is a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. The amount of alimony varies widely. Alimony is to be paid in such amount as the circumstances render necessary, having due regard to the factors considered by the courts. When the dependent spouse has committed acts of illicit sexual behavior, the supporting spouse is not required to pay any alimony at all.


SEE VIDEO BY TOPIC: Spousal Maintenance: What is it and who is eligible to apply for it

How do judges decide about alimony?

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Alimony is alive and well in North Carolina. Four of these five issues make intuitive sense. The ordinary man or woman understands why a divorce court must verify that proper grounds for divorce exist; determine which property shall go to which spouse; determine custody of the children; and allocate funds for their support.

Indeed, these are tasks which unmarried couples often perform themselves, without immediate court assistance, upon breakup of a relationship. Some time ago, this was not true. The ordinary person did understand what it was and why it was required. Perhaps this understanding of alimony support still exists in cases where divorce occurs after a traditional long-term marriage in which the wife did not work.

But many marriages today are not long-term, and very few women are entirely removed from the work force. By and large, the marriages of our grandfathers and grandmothers do not exist today. As economic, social and cultural factors have changed the financial fabric of marriage, we have lost our understanding of the purpose of alimony.

Around the country, some courts and commentators, and even a few legislatures, have reasoned that since women now work, alimony should be drastically curtailed or even abolished. Most states have not taken such a drastic step, and so alimony stumbles along, based upon habit and precedent as much as logic, as part of the modern divorce case. We have difficulty explaining its precise purpose; yet at some level we are reluctant to get rid of it.

In short, commentators agree that the law of alimony is in the midst of an identity crisis. As recently as 40 years ago, divorce and alimony were fairly well understood. Society expected that people would marry in their youth, and remain married until death.

The courts and, indeed, the law as a whole were determined to make this view of marriage a reality. They did so by imposing upon every marriage an implied term of permanency. When a marriage really and truly broke down, that permanency provision had been breached. The parties were told to leave the courtroom, still married, and live together and husband and wife. If both spouses were guilty, then they deserved each other, and the same result obtained. Most commonly, the courts found one party alone to be guilty.

If that party was the wife, she was cast out from the marriage and left to survive on her own, with no legally required support at all. That was a harsh result, for women generally had little or no earning capacity. But the wife brought the problem on herself by her own misconduct, and the law had little sympathy for her position.

When the guilty party was the husband, punishment required something more forceful than mere inaction. That is where alimony entered the picture. Since she could not reach that standard on her own, she needed a financial supplement, a weekly or monthly payment sufficient to permit her standard of living to remain unchanged by the divorce. That supplement was what the common law meant when it spoke of alimony.

In the middle part of the twentieth century, two social changes wrought havoc upon the policy basis behind the traditional rules of alimony. First, separation and divorce lost much of their unfavorable stigma. The reasons for this change are best examined by stating the proposition conversely. First, society became less attracted to the notion of universal and permanent marriage.

Second, and equally importantly, women began moving into the workplace in increasing numbers. These rents in the social and financial fabric of marriage could not be ignored. North Carolina has not adopted this Act. By stressing that property division is the primary method of support, this language suggests that support is not necessary where a reasonable amount of property is awarded to each spouse. By so doing, it changed the law applicable to that set of spouses most in need of alimony: dependent spouses in long marriages.

The effect was to penalize dependent spouses who gave up career possibilities to stay home with children or otherwise benefit the family. To make a bad situation even worse, state court decisions in the s and s tended to overestimate the employability of women.

Judges appeared to reason that because women could in theory qualify for any job in the nation, any individual woman could therefore find employment at a reasonable salary within a short period of time. Alimony legislation since the early s has been mainly a response to widespread criticism of support awards during the previous two decades, especially after longer marriages. By expanding the list of factors which the court must consider in awarding support, and by requiring the court to make findings explaining the reasoning behind its award, the new legislation encourages courts to base their support awards more upon the facts of the case and less upon broad assumptions.

Nowhere is this change more evident than in the increasing use of vocational experts to measure earning capacity. This change, more than any other, lies at the heart of new wave reform. Traditional alimony law was wrong to assume that women were close to unemployable; but the first reform in the law was equally wrong to assume that the theoretically unlimited employability of women translated into timely and sufficient employment of any specific former wife.

The employability of any spouse, either husband or wife, is a question of fact and not law, and a question upon which experts can speak with much more authority than legislators or judges. By basing assessments of employability upon evidentiary facts and expert testimony, the courts can avoid the broad justified assumptions in both directions present in former case law.

The vocational expert plays the same role in the law of spousal support as the valuation expert plays in the law of property division. According to Nancy E. LeCroy writing in the North Carolina Law Review in , in addition to making several alterations of the existing alimony statute, the new legislation repealed certain provisions of the former statute and replaced them with three new sections.

The second new provision is Section The third and final new provision, Section The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors, including those set out in subsection b of this section.

If both committed such an act, then the discretion of the court determines whether a spouse shall receive alimony; if such an act was condoned, it is though the act did not take place. The list of factors contained in the statute is not meant to be exhaustive, since the overriding principle in cases determining the correctness of alimony is fairness to all parties. And though the statute does not state that any one factor is more important than any other, the recent case law stresses property, earnings, earning capacity, and the accustomed standard of living of parties.

One recent case also stressed the role of caretaker to the marital children. At the least, the trial court must at least make findings sufficiently specific to indicate that the trial judge properly considered each of the factors for a determination of an alimony award,.

This includes investment income, severance pay, gifts, and any source of funds available for support. This means the amount a person can earn using his or her best efforts to earn income commensurate with his or her skills and education. The purpose of this section is to prevent obligors from quitting his or her job and claiming an inability to pay, and to prevent obligees from likewise quitting his or her job and claiming dependence on that basis.

Under federal and state income tax law, alimony is deductible by the payor spouse and reportable as income to the dependent spouse, provided that the following criteria are met:.

While the parties may privately agree that the tax deduction and the taxable income aspects of federal alimony law shall not apply, the parties may not by private stipulation create alimony payments that do not meet the five federal criteria and yet attempt to obtain the tax deduction for the payor. Both periodic and lump sum payments may be for a limited, specified term.

In fixing the amount of alimony, the court must consider all the factors enumerated in G. The court can order alimony for a definite period, thereby providing a definite termination date. Certain events will also cause alimony to terminate. An important exception exists to the rule that alimony terminates on the remarriage of the dependent spouse.

Sometimes parties enter into a global settlement agreement, fixing their property rights and spousal support rights. When the provisions of the property division and the alimony are integrated , or dependent on each other, then the alimony provision cannot be terminated on remarriage. For example, a wife might give up a valuable property right in exchange for the stream of income that alimony provides. That stream of income cannot then be terminated on remarriage, because it was a bargained-for right.

This would include a change in income or assets of either party, a change in earning capacity e. A dependent spouse cannot, however, deliberately increase expenses and run up bills in an effort to increase alimony. Alimony that is part of an integrated property settlement agreement cannot be modified, because it is a bargained-for right. The law encourages parties to come to an agreement regarding their rights and obligations instead of leaving that to the court.

Thus, the parties can agree to all the possible terms of alimony: the right to receive it, for how long, for how much, when it can be modified, and when it terminates. When parties decide to fix the alimony obligation by agreement, the agreement must be untainted by fraud, must be in all respects fair, reasonable, and just, and must have been entered into without coercion or the exercise of undue influence, and with full knowledge of all the circumstances, conditions, and rights of the contracting parties.

The court may require the supporting spouse to secure the payment of alimony or post-separation support so ordered by means of a bond, mortgage, or deed of trust, or any other means ordinarily used to secure an obligation to pay money or transfer property, or by requiring the supporting spouse to execute an assignment of wages, salary, or other income due or to become due. A judgment for alimony, however, is not to be a lien against real property unless the judgment expressly so provides, sets out the amount of the lien in a certain sum, and adequately describes the real property affected.

Past-due periodic payments may, by motion in the cause or by a separate action, be reduced to judgment which shall be a lien as other judgments. The North Carolina statute, however, retains traditional notions of fault and providing for dependent spouses after long marriages.

With these principles in mind, it probably far better for parties to negotiate property and alimony awards than to leave it to the wide discretion of the judge. Connect with. Remember Me. Register Lost your password? Log in Lost your password? Username or E-mail:. Log in Register. Username Password Connect with. Enter your WordPress. Username E-mail Connect with. Username or E-mail: Log in Register. Rosen attorneys are available for consultations by both phone and video conference — call for more information.

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Alimony and Streedhan: Financial aspects decoded

Alimony is alive and well in North Carolina. Four of these five issues make intuitive sense. The ordinary man or woman understands why a divorce court must verify that proper grounds for divorce exist; determine which property shall go to which spouse; determine custody of the children; and allocate funds for their support. Indeed, these are tasks which unmarried couples often perform themselves, without immediate court assistance, upon breakup of a relationship.

One of the most important rights under divorce and matrimonial laws is the right to receive and claim alimony maintenance. The term 'alimony' has its origin in the Latin word 'Alimonia', meaning sustenance.

Unlike with child support, there is no formula that will tell you whether or not you will get spousal support or how much you will get. Spousal support is decided on a case-by-case basis. Sometimes spousal support is needed to make sure both parties are taken care of after a divorce. It may also be ordered if one party will be financially worse off after the divorce and the other party can pay some money to make up the difference. Spousal support is not simple.

Who Qualifies for Spousal Support?

Spousal support is generally issued in connection with cases involving divorce or legal separation. Also known as alimony , spousal support is where one spouse pays the other ex-spouse a certain sum of money, usually on a monthly basis. Courts may require this in instances where one party is much more financially stable than the other, and the other party needs assistance in beginning life after the divorce or separation. Spousal support is issued on a case-by-case basis, and each case will be different in terms of the spousal support analysis. Also, the court will take into account several factors when making the support determination, including:. Spousal support orders that are issued by the court are final and enforceable by law. However, they can sometimes be altered due to unique or special circumstances that become present later on. An example of this is where the spouse receiving support payments begins cohabiting with another partner who begins supporting them financially.

For Proper Upkeep

A growing number of women are paying alimony and child support when their marriages break up, according to a survey of 1, lawyers by the American Academy of Matrimonial Lawyers. When Marzano-Lesnevich started practicing family law 29 years ago, maybe one case out of involved a woman paying spousal support. Some Census Bureau figures. The Portland, Ore.

Alimony can cause you serious financial strain. Some individuals may do something sneaky, like devise clever plans to get around the strain that alimony causes on their finances.

Think that you might be on the hook for alimony or spousal support after your divorce? This change applies to all support agreements made after December 31 st , Ladies, we have been making some serious progress when it comes to income over the last few decades, but with great paychecks come great responsibilities! A Pew Research study conducted in found that women are the leading or solo breadwinners in 40 percent of households.

9 Expert Tactics to Avoid Paying Alimony (Recommended)

Donate 'streedhan': In , Gandhi persuaded women in Bengaluru to make a difference. Streedhan can be claimed even after separation. All rights reserved. For reprint rights: Times Syndication Service.

To provide "reasonable and necessary" support. The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support. You must request alimony during your divorce proceeding. You will not be allowed to request it after the divorce case is over. When one of the parties in a divorce or separation wants alimony but the other party does not agree, the judge will decide if an alimony award should be made and if so, for how much. Remarriage could be a basis for ending an alimony award, but alimony does not automatically end if you re-marry.

What You Need to Know About Alimony in North Carolina

Donahue, Jr, Esq. The key to alimony is understanding the term "the standard of living of the marriage. The basic idea behind alimony is that when your marriage ends, you both should be able to go on living as you were before the divorce. If you make all or most of the money, you would probably have to share that income with your spouse. If you didn't, your standard of living would rise considerably above the one you enjoyed while married, and your spouse's would drop below it. The standard of living of the marriage is really how you live and how much it costs to live that way. For some people, the standard of living involves big homes, expensive cars and lavish vacations. For others, it involves a modest house, a practical car and trips to the shore.

Who Can Get Alimony. First, in order for the court to award alimony, the court must find one spouse is “dependent.” The statute provides.

The obligation arises from the divorce law or family law of each country. The Code of Hammurabi BC declares that a man must provide sustenance to a woman who has borne him children, so that she can raise them:. Alimony is also discussed in the Code of Justinian. The modern concept of alimony is derived from English ecclesiastical courts that awarded alimony in cases of separation and divorce.

How a Judge Decides The Alimony Amount

By Roderic Duncan , Judge. In comparison to child custody cases—in which judges must decide which parent a child is going to live with—deciding on an alimony amount is a piece of cake. Every state has a law dictating what factors must be considered in setting alimony.

Jump to navigation. The judge can also deviate from the amount of time for the kind of alimony if you have special circumstances. Usually judges order more alimony for longer marriages; the longer the marriage, the more alimony a judge will order. A judge can decide how much a spouse should be earning.





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