What You Need To Know About Spousal Support And Alimony
Alimony was designed to help a financially dependent spouse who is separating or dissolving his or her marriage. This monetary assistance intends to help an individual as he or she negotiates a new way of earning income. Spousal support can come in a variety of amounts and be paid over a range of timelines.
Regardless of which side you stand on the alimony issue, it is important that you retain an experienced, thorough divorce lawyer who can help you understand your rights and help you obtain the best outcome possible. At Miller & Audino, LLP, our attorneys have more than 50 years of experience tenaciously representing individuals throughout Greenville, Pitt County and surrounding communities as they determine how much alimony they should pay or receive.
How Alimony (Spousal Support) Is Handled In North Carolina
While alimony is primarily based on income, our states allows for misconduct to factor into the final amount. We will carefully examine your situation and determine your needs as we help you navigate the spousal support process.
- If you are considering divorce, but are currently physically separated from your spouse, post-separation support is available to the dependent spouse. These hearings are brief and can serve as a precursor to alimony. If you have decided to maintain a permanent separation and move toward a divorce, you will first be required to go through a mediation process before a claim for alimony goes to trial.
- In any case, we are committed to helping you work through your issues confidently by making you feel comfortable and empowering you with the information you need to make smart decisions about your alimony agreement. We are prepared to take your case as far as it needs to go to get you the results you deserve.
Frequently Asked Questions About Spousal Support And Alimony In North Carolina
As attorneys addressing your concerns after a separation or divorce in North Carolina, we recognize the uncertainty and challenges you face following this life-changing event. Therefore, we provide clear, reliable answers to help you make informed legal decisions about spousal support.
What can disqualify you from receiving alimony in North Carolina?
In North Carolina, a dependent spouse may be disqualified from receiving alimony if the court finds evidence of illicit sexual behavior during the marriage and before separation. If the dependent spouse engaged in such conduct and the supporting spouse did not, this can bar alimony altogether.
On the other hand, if both spouses engaged in misconduct or only the supporting spouse did, the court may still award support. Misconduct is not the only consideration, but it can weigh heavily in a judge’s decision.
What are the factors that contribute to alimony in North Carolina?
The court weighs several statutory factors to determine if alimony is appropriate, including:
- Duration of the marriage
- Standard of living during the marriage
- Age and health of both spouses
- Each party’s income, education and ability to earn
- Contributions made as a homemaker or parent
- Any marital misconduct
- The needs of each spouse and their ability to meet those needs
These elements are considered together. There is no one-size-fits-all formula and courts have broad discretion.
How long do you have to be married to get alimony in North Carolina?
No minimum marriage duration is required to qualify for alimony in North Carolina. However, the length of the marriage is one factor courts consider. Longer marriages often increase the likelihood or duration of alimony, especially if one spouse sacrificed career opportunities for the family. Shorter marriages may still warrant alimony depending on financial dependency and other circumstances, underscoring the need for careful case-specific analysis.
How long do you have to pay alimony in North Carolina?
The duration of alimony payments varies based on the court’s discretion and the length of the marriage. A common practice, though not a legal rule, is awarding alimony for half the marriage’s duration; for example, five years for a 10-year marriage. Payments may end if the recipient remarries, cohabitates or either spouse dies. Courts may also order indefinite alimony in cases of long marriages or significant dependency, reflecting the state’s focus on equitable outcomes.
To Learn More About Miller & Audino, LLP, Contact Us
To learn more about how our alimony attorneys in Greenville can help you, email us or call us at 252-493-6138.