Charlotte Spousal Support Attorneys

Alimony in North Carolina Divorces

In the past, alimony, more familiarly known as spousal support, was a very common part of most divorces. Traditionally, the husband worked, and the wife stayed at home to care for the kids and do the housework.

In this dynamic, a wife would need to rely on her husband for spousal support as she, typically, did not have any other means of generating an income.

For that reason, most husbands who sought divorce had to pay both spousal support and child support. Even if both parties did not have children, the husband might still need to pay spousal support to his ex-wife for the rest of her life, unless she remarried, got a job, or came into money of her own.

Today, both husbands and wives tend to have jobs, and often similar incomes, so spousal support is not always necessary in most divorce cases. However, there are still marriages where one party is the stay-at-home parent and, as a result, may have less job experience and transferable skills than his/her spouse.

Also, there could be a discrepancy in income if both spouses work but one is paid at a much higher rate than the other. This spouse could be at a disadvantage when it comes to paying bills and maintaining the lifestyle he/she has become accustomed to.

To learn more about alimony in North Carolina, contact our Charlotte spousal support lawyers online or call us at (704) 286-0570.

How To Determine Spousal Support

Stack of hundred dollar bills and a note that says &quot;alimony&quot; tied together with a rubber band.

Judges have broad discretion when determining spousal support. Before a judge decides, he/she will want to know if either spouse committed illicit sexual behavior during the marriage or before the couple’s date of separation.

If the dependent spouse is found guilty, he/she will deny spousal support. If the supporting spouse is found guilty, the judge will immediately award spousal support.

If there are no illicit sexual acts to consider, the court will determine spousal support based on but not limited to the following factors:

The duration of the marriage
Marital misconduct (abandonment, abuse, alcoholism, substance abuse, etc.)
The age and health of each spouse
The earning capacity of each spouse
The martial standard of living
The sources of income for each spouse
Whether one spouse contributed to the other’s education
The property owned by each spouse

Alimony Options After a Divorce

A divorce impacts nearly every aspect of your life. And after your divorce is finalized, you may find yourself in a financial situation you never expected to be in. Though not everyone qualifies for spousal support, it is a viable option for many people. Depending on your and your ex-spouse’s financial situation, you may qualify for one of the below support options.

Rehabilitative Alimony

Rehabilitative alimony is typically given to a former spouse for a short period of time.

The goal of this type of alimony is to provide the receiving party with the funds necessary for them to become self-sufficient. Most often, money received for rehabilitative alimony needs to be put towards obtaining a skill, education, or employment. Either after a designated period of time or once the receiver is self-sufficient, alimony payments are stopped.

Lump-Sum Alimony

Asset division is rarely an even 50/50 split. Often, lump-sum alimony is a one-time payment given to one party in lieu of a property settlement.

Permanent Alimony

Permanent alimony is support given from one former spouse to another until one party passes away or the receiving spouse remarries. To qualify for permanent alimony, the Courts will look at a few different things, like when you got married, how long you were married for, your earning capacity throughout the marriage, and both spouses’ finances.

Temporary Alimony

If a couple separates but isn’t formally divorced yet, temporary alimony may be granted. Just like all other forms of alimony payments, temporary support can be adjusted over time and depending on changing circumstances.

Modifying Spousal Support in NC

You can modify spousal support if there is a change of circumstances that makes the current order unfair. A change of circumstances can be defined as a new job, new child, or loss of a job. Spousal support ends once the dependent spouse remarries or starts to cohabitate with another individual.

Alimony FAQ:

How long does alimony typically last?

The duration of alimony in North Carolina varies depending on the circumstances of the case. The court considers factors such as the length of the marriage, the financial needs of the recipient spouse, and the ability of the paying spouse to provide support. Alimony can be awarded for a specific period (rehabilitative alimony) or until certain conditions are met (such as remarriage or cohabitation) or for an indefinite duration (permanent alimony) in certain cases.

What happens if the paying spouse fails to make alimony payments?

If the paying spouse fails to make alimony payments as ordered by the court, the recipient spouse can seek enforcement remedies. This may involve filing a motion for contempt or seeking a judgment against the delinquent spouse. Legal actions can be taken to enforce payment, including wage garnishment, property liens, or other appropriate measures to ensure compliance with the court's alimony order.

Can alimony be negotiated and settled outside of court?

Yes, alimony can be negotiated and settled outside of court through alternative dispute resolution methods such as mediation or collaborative law. This allows the involved parties to work together, with the assistance of their attorneys, to reach a mutually acceptable agreement on alimony terms. Negotiating and settling outside of court can save time, expense, and maintain privacy compared to a litigated court process. However, it is important to consult with a Charlotte alimony lawyer to ensure that any negotiated settlement is fair and in accordance with North Carolina law.

Schedule a Consultation to Learn More

If you are going through a divorce and need help figuring out how spousal support works and what you might owe or are entitled to, address your concerns with our Charlotte alimony attorneys. We will walk you through every step and determine your options to help protect you and your loved ones.

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