Phillips v. Phillips

EAGLES, Judge.

Defendant first argues that the trial court erred in determining that the plaintiff was a dependent spouse and accordingly that the award of alimony is invalid. We disagree.

G.S. 50-16.1(3) defines a “dependent spouse” as one who is either (1) actually substantially dependent on the other spouse for his or her maintenance and support or (2) substantially in need of that maintenance and support. In Williams v. Williams, 299 N.C. 174, 261 S.E. 2d 849 (1980), our Supreme Court discussed that definition. There, the Court held that a spouse is “actually substantially dependent” if…