alimony

[gt4you]

What is the name of your state (only U.S. law)? NC. My wife left me, and my 18 yr old son, who is still attending high school.

I am paying all the bills, and she is not paying any. I do not think she is Working. She is asking that i sell our home, split the proceeds 75/25 (her/me). She is asking me to pay all our joint bills as well. If i agree, she will not seek alimony. I am in NC. Can she leave me with all this and if i dont agree, get alimony? I am still supporting my 18 yr old son, alone, while he finishes high school!

 

[Ohiogal]

What is the name of your state (only U.S. law)? NC. My wife left me, and my 18 yr old son, who is still attending high school.

I am paying all the bills, and she is not paying any. I do not think she is Working. She is asking that i sell our home, split the proceeds 75/25 (her/me). She is asking me to pay all our joint bills as well. If i agree, she will not seek alimony. I am in NC. Can she leave me with all this and if i dont agree, get alimony? I am still supporting my 18 yr old son, alone, while he finishes high school!

Agree to nothing. Does she have a boyfriend? Girlfriend? She needs to get a job.
You most likely will NOT get child support as the child is 18...

 

[LdiJ]

What is the name of your state (only U.S. law)? NC. My wife left me, and my 18 yr old son, who is still attending high school.

I am paying all the bills, and she is not paying any. I do not think she is Working. She is asking that i sell our home, split the proceeds 75/25 (her/me). She is asking me to pay all our joint bills as well. If i agree, she will not seek alimony. I am in NC. Can she leave me with all this and if i dont agree, get alimony? I am still supporting my 18 yr old son, alone, while he finishes high school!

Apparently you have a long term marriage, therefore its certainly probable that she would get alimony. Unless you could refinance the marital home for enough to payout her share of the equity, you would likely be forced to sell to give her, her share of the equity. However, she would normally be responsible for 1/2 of the marital debts (not necessarily the ongoing bills, depending upon what you mean by bills).

Basically, you need to decide if what she is offering is as good or better a deal than you would get splitting assets and debts 50/50 and paying her alimony. Marital assets include cash in the bank, car equity, real estate equity, retirement accounts, stocks and bonds etc. Keep in mind that splitting marital assets does not normally impact taxes, where alimony would be tax deductible for you. Factor all of that into your equation.

 

[Ohiogal]

Apparently you have a long term marriage, therefore its certainly probable that she would get alimony. Unless you could refinance the marital home for enough to payout her share of the equity, you would likely be forced to sell to give her, her share of the equity. However, she would normally be responsible for 1/2 of the marital debts (not necessarily the ongoing bills, depending upon what you mean by bills).

Basically, you need to decide if what she is offering is as good or better a deal than you would get splitting assets and debts 50/50 and paying her alimony. Marital assets include cash in the bank, car equity, real estate equity, retirement accounts, stocks and bonds etc. Keep in mind that splitting marital assets does not normally impact taxes, where alimony would be tax deductible for you. Factor all of that into your equation.

North Carolina, LD. What do we know about NC? I want an answer to my question before ANYONE factors in alimony.

 

[LdiJ]

North Carolina, LD. What do we know about NC? I want an answer to my question before ANYONE factors in alimony.

I am aware that fault can factor into a divorce in NC.

The points that I am making to him are that, all things being normal, alimony for a long term marriage is a real factor, and that paying alimony might be wiser, fiscally, that giving her an overload of the marital assets. He has to understand that assets and debts will be divided, one way or another, an that he needs to really examine everything from all angles. He cannot just go on the emotional, "she left me she should get nothing" viewpoint. Even with a "fault" divorce she is not going to walk away with nothing.

In addition, NC is one of those state where you have to be separated for a year in order to get divorced, so the person that wants a divorce really has no choice but to move out to start the separation.

 

[Ohiogal]

I am aware that fault can factor into a divorce in NC.

The points that I am making to him are that, all things being normal, alimony for a long term marriage is a real factor, and that paying alimony might be wiser, fiscally, that giving her an overload of the marital assets. He has to understand that assets and debts will be divided, one way or another, an that he needs to really examine everything from all angles. He cannot just go on the emotional, "she left me she should get nothing" viewpoint. Even with a "fault" divorce she is not going to walk away with nothing.

In addition, NC is one of those state where you have to be separated for a year in order to get divorced, so the person that wants a divorce really has no choice but to move out to start the separation.

That wasn't what I was getting at. Alienation of affection. One of the few states that allows it.

 

[LdiJ]

That wasn't what I was getting at. Alienation of affection. One of the few states that allows it.

Ah, I forgot about that. I wonder if that is something that any attorney would take on contingency?