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.
What is Alimony?
Alimony, also known as spousal support, refers to the financial support one spouse may be required to pay to the other during and/or after a divorce or separation. In North Carolina, alimony is not an automatic right, and whether it is awarded depends on various factors. If awarded, the purpose of alimony is to address any economic disparity between the spouses.
How To Determine Spousal Support
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
In North Carolina, spousal support (alimony) may be modified if there is a substantial change in circumstances that justifies a modification. Common examples of changes in circumstances that may warrant spousal support modification include:
- Loss of Employment: If the supporting spouse experiences a significant and involuntary loss of employment, it may be grounds for seeking a modification of spousal support.
- Change in Income: A substantial decrease or increase in the income of either spouse may be considered a change in circumstances. This could result from factors such as a job change, promotion, or career change.
- Health Issues: A decline in the health of either spouse that affects their ability to work or support themselves may be considered a change in circumstances.
- Retirement: If the supporting spouse retires, there may be grounds for modifying spousal support. However, this depends on the specific circumstances and whether retirement was foreseeable at the time of the original support order.
- Remarriage or Cohabitation: If the supported spouse remarries or begins cohabitating in a marriage-like relationship with a new partner, it may be a basis for terminating or modifying spousal support.
- Changes in Living Expenses: Significant changes in the living expenses of either spouse, such as a major increase in healthcare costs or housing expenses, may be considered when seeking a modification.
- Duration of Support: If spousal support was initially ordered for a specific duration (durational alimony) and that duration has expired, it may be a basis for modification or termination.
- Fraud or Misrepresentation: If there is evidence of fraud or material misrepresentation in the initial spousal support agreement, the court may consider modifying the support order.
- Mutual Agreement: If both parties agree to a modification of spousal support and present the agreement to the court, the court may approve the modification.
Alimony FAQ:
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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