(a) Facts: When the parties were divorced, the husband agreed to pay the wife $2,400 per month in alimony. Twenty-four years later, the husband filed an action against the wife in federal court for breach of contract, arguing that he had overpaid alimony and that the wife was required to return the overpayment. The action was dismissed quickly as time-barred.
(a) Facts: The parties entered into a premarital agreement. The agreement provided, among other things, that the wife would receive, upon divorce, a lump sum of $100,000, plus $10,000 for each year the parties were married.
(a) Facts: The parties were divorced by an Arkansas court, and the divorce decree divided the parties’ debt. Within a few days after the decree was entered the judge sent the parties a letter, which stated:
As has been widely reported, Congress has repealed I.R.C. §§ 71 and 215, thereby eliminating the federal tax reduction for alimony. In addition, Congress has repealed former I.R.C. § 61(a)(8), which expressly defined alimony as taxable income. Continue reading →
Alimony is also known as spousal support and it refers to payments made by one spouse to support the other after separation or divorce. The payments may be lump sum payments or ongoing payments. Generally, post-separation alimony lasts until the divorce is concluded. However, a court may also award alimony after a divorce is finalized. In North Carolina, most spouses that were married 10 years or less don’t get awarded alimony for longer than half the marriage. Recent changes to the tax consequences of alimony under federal tax law will have a major impact in how alimony is negotiated in North Carolina.
Often people assume that if alimony is awarded, a husband will have to pay it to his ex-wife. However, based on consideration of certain statutory factors, alimony can also be awarded to an ex-husband and a wife may be required to pay it. In a recent North Carolina alimony appellate decision, a wife appealed from the court’s award of alimony to her husband. The couple had met online. The husband lived in India but moved to the U.S. to be with the wife. They married in India, but separated while living in the States. During the marriage, the wife allegedly subjected the husband to emotional and mental abuse. Continue reading →
I have received spousal alimony since a 2003 court order until death. I would like to get an increase because of the economy. My ex-spouse receives three times my social security and retirement. His home is paid for and he owes three motor vehicles. His social security and retirement from a big local company is great. I received zero from this after 38 years of marriage. He was in Management. What are my chances of getting an increase?
I work and make a good income. During our marriage, my wife worked for a while, but stopped when we had children. She has and maintains a CPA license. We have a 15-year-old with some discipline problems and ADHD. We are divorcing, and I think she should go back to work. She wants alimony. Who is right? Does she need to work, or can she just continue to be a leech?
– Anti-Leech
Dear Carolyn,
My ex is receiving alimony, which I obviously do not want to pay. She has a son, by another marriage, who is a heroin addict. My ex-wife began dating shortly after our divorce, and she seems quite entrenched with this guy. He stays over at my ex’s on some weekends, but he does still have his own apartment. I know he has a key to my ex’s house, and I know he stayed there four weeks when the heroin addict was in rehabilitation. My court order for alimony says that the alimony terminates upon cohabitation or remarriage. Will the court terminate my alimony? Is my ex cohabiting?
– Sorry to be paying alimony
Dear Carolyn,
My wife had an affair, and because I wanted to save the marriage for the children, I forgave her. That was about ten years ago. Now, it is really not working, and I want out. The last child has finished high school. She spends too much money and she will not find a job. She says I owe her alimony if I leave. She has the same college degree I do. Can she get alimony? What about her affair?
I tried, but….just can’t do it any more….
North Carolina Divorce Lawyers Blog