Charlotte Alimony Attorney
Alimony is not automatically granted in a North Carolina divorce. First, one party, either the husband or the wife, must request it. Unless the payment of alimony is agreed to by both parties, the matter must be litigated in court, where the requesting spouse seeks to prove why alimony is needed, and the potentially paying spouse seeks to prove why it is not. Whether you are seeking or challenging an alimony award in a North Carolina divorce, our Charlotte alimony attorneys provide the type of sound legal advice and effective, aggressive representation needed to protect your rights and help you achieve your desired goal.
Contact us online or by telephone at 704.342.4357 to arrange an initial consultation with a skilled Charlotte alimony attorney.
Facts about Alimony and Spousal Support in North Carolina
There are two types of spousal support that may be granted in a North Carolina divorce: post-separation support and alimony. Post-separation support, formerly known as temporary alimony, may be ordered to be paid after the date of separation, while the divorce is pending. Post-separation support is most likely to be granted if the requesting spouse does not have sufficient financial resources to meet his or her needs, and the supporting spouse has the ability to pay the requested support. The standard of living established during the marriage, along with the financial needs, income and earning abilities of the spouses, are the primary factors used in determining post-separation support.
Alimony is support and maintenance ordered after the divorce to be paid by one ex-spouse to the other, either in a lump sum or in periodic payments for either a specified length of time or indefinitely. Alimony which is awarded indefinitely will nevertheless terminate if the dependant spouse dies, remarries or cohabitates with another.
Alimony may be ordered by the court if the judge determines it would be equitable to do so. In determining equitability, the court looks at a number of different factors, such as the following:
- Marital misconduct of either spouse
- Each spouse’s income and earning capacity
- The length of the marriage
- Age and health of the spouses, including mental and emotional condition
- How one spouse contributed to the other spouse’s education or career during the marriage
- The contributions a spouse made to the marriage as a homemaker
- Whether a custodial parent can work or needs to stay at home to care for the children
- The standard of living established during the marriage
- Time needed for a dependent spouse to acquire sufficient education or job training to become self-supporting
- The relative needs of the spouses
- The tax consequences of an alimony award
Effect of Adultery on Post-Separation Support and Alimony
In a hearing on post-separation support, the judge may consider marital misconduct of either the dependent spouse or the supporting spouse in deciding whether to make an award. Regarding alimony, North Carolina law states that alimony shall not be awarded if the dependent spouse participated in an act of illicit sexual behavior, but that the court shall award alimony if the supporting spouse engaged in illicit sexual behavior. If both parties engaged in illicit sexual behavior, then the court has discretion whether to award or deny alimony.
Equitable distribution can impact an award for alimony. Requests for both alimony and equitable distribution need to be made before the entry of a judgment of Absolute Divorce in order to retain rights to litigate these issues in court. Make sure you contact an attorney before filing for divorce to protect your rights to alimony or equitable distribution.
Contact Our Charlotte Alimony Attorney Today
Consult with a Charlotte alimony attorney at Powers Landreth PLLC to determine whether spousal support may be a factor in your domestic matter. Contact the Charlotte alimony attorneys at Powers Landreth PLLC immediately, so we can start fighting for you! Call us today at 704.342.4357.