Raleigh Alimony is one of the most subjective financial issues in family law as it is based on the specific financial needs and income of each party in the case. There are no alimony guidelines in Raleigh
to calculate the payment as there are when calculating child support. As a result, it is imperative that you consult with an experienced divorce attorney who can provide accurate guidance on how alimony is analyzed by the courts in any particular jurisdiction. While we provide an explanation of Raleigh Alimony Law in the article below, it should not be substituted for legal advice by an attorney who can give you the specific information and analysis of North Carolina Alimony law as it relates to your unique situation. Further, having experience with the judges and the county with regard to pursuing or defending against alimony claims is critical, which can only be provided by hiring an attorney with this experience. Our firm has successfully handled numerous Raleigh
Alimony cases for our clients over the past fourteen years in Wake, Franklin and Johnston County and are familiar with the judges in these counties.
The law of alimony can be complex and also changes over time due to case law and changes enacted by the Legislature. The basic definition of alimony is money that is paid by the spouse determined to be the “supporting spouse” to the spouse that is determined to be the “dependent spouse” under North Carolina law. Prior to October 1995, North Carolina required the showing of “marital fault” in order to make a claim for alimony. In October of 1995, The Legislature changed the law to eliminate fault as a requirement for an alimony claim and made “marital misconduct” only one of many factors the court may to consider when determining whether to award alimony, and if so, in what amount and for what duration. This change made alimony more of a financial issue versus an issue primarily focused on the fault of the parties. This change in law did not make the behavior of a spouse irrelevant in the analysis. Pre-separation adultery still proves a valuable defense to alimony claims or strengthens the alimony case for the dependent spouse who does not engage in adultery. Other type of bad behavior may have negative consequences in an alimony case as well depending on the severity and impact on the innocent party. The key elements to an alimony case is the parties’ ability to earn, the lifestyle of the parties to which they had become accustomed to prior to separation, as well as other financial factors that may play a significant role in alimony cases such has supporting one party financially while they pursue higher education as an example. Another important consideration with regard to alimony is that it serious tax considerations which should be evaluated when preparing for any trial or settlement of the issue.
Our Raleigh alimony law firm provides each client with an understanding of the core issues related to alimony and its effect on their case as well as assisting them in making the best decisions they can for themselves and their family based on their full understanding of how North Carolina alimony laws applies to their unique case. Our firm also has accounting professionals ready to associate and assist as needed to assist clients in budgeting and planning for the future when deciding whether to enter into an agreement or pursue litigation. Our job as your attorney is to help you protect your way of life.
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