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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Due to a medical accident that happened to my wife in 2004, ...

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Due to a medical accident that happened to my wife in 2004, I have been contemplating on devorce within the next year. We have twin girls that will be 18 next May. My wife is now disabled from the surgical accident and unable to work. I have been living without affection for over 3 years. We have a home I have a job, will I have to pay her alimony. We are both over 50 and my health is starting to get worse.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Alimony is awarded when a spouse is unable to sustain a living on their own and they are financially dependent on their spouse. Since she is no longer able to work, the court can issue an order for spousal support. The court will consider the amount of settlement she will be getting as well as disability and then see if she still requires additional support from you. So yes, it is possible that you can end up paying support for her. Spousal support is based on a case by case basis depending on financial need and the earning capacity of each spouse.

Below are the factors a judge will consider in awarding spousal support.

The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term. In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including: (1) The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation; (2) The relative earnings and earning capacities of the spouses; (3) The ages and the physical, mental, and emotional conditions of the spouses; (4) 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; (5) The duration of the marriage; (6) The contribution by one spouse to the education, training, or increased earning power of the other spouse; (7) 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; (8) The standard of living of the spouses established during the marriage; (9) 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; (10) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support; (11) The property brought to the marriage by either spouse; (12) The contribution of a spouse as homemaker; (13) The relative needs of the spouses; (14) The federal, State, and local tax ramifications of the alimony award; (15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. (16) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property. (North Carolina Statutes - Chapter 50 - Sections: 50-16)

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