Alimony and Spousal Support Attorney
When a couple divorces, the matter of spousal support is incredibly divisive and can often become the core of a drawn-out legal battle. Having an experienced alimony attorney in Raleigh to take on your case and provide legal representation can lead to a more favorable result, no matter what your goals are.
Understanding How Alimony Works
Alimony, often called spousal support, is money paid by one spouse to another during a separation or after their divorce as post-separation support. Alimony payments are paid either as a one lump sum payment or via ongoing monthly payments.
Typically, when the state decides to award alimony to one spouse, it’s due to a significant financial disparity between the spouses. For example, if one spouse has a high paying job with several years of seniority and experience and the other spouse has been a homemaker and out of the workforce for 10 years, there would be a vast difference in the other spouse’s income earning potential. This creates the potential for one spouse to pay spousal support to the spouse seeking alimony.
Alimony payments are often determined by a court order, which outlines the specifics of the payment structure. This ensures that the payments are fair and consistent, taking into account the financial needs and capabilities of both parties.
Eligibility for Spousal Support
In North Carolina, determining eligibility for spousal support involves a thorough evaluation by the court. To qualify, one spouse must be recognized as the dependent spouse, meaning they lack sufficient income to maintain the standard of living established during the marriage due to the loss of the other spouse’s financial contribution. The court examines several factors to make this determination, including the length of the marriage, the age and health of both spouses, their respective earning capacities, and the lifestyle they enjoyed while married.
Additionally, the court assesses whether the dependent spouse has made reasonable efforts to become self-supporting. This includes looking at attempts to gain employment or further education. If the court finds that the dependent spouse meets the criteria for spousal support, it will then decide on the appropriate amount and duration of the support.
Types of Alimony in North Carolina
When it comes to divorce, one of the most significant and often contentious issues throughout the separation agreement is alimony, also known as spousal maintenance. In North Carolina law, an alimony award can take several forms, each designed to address the specific needs and circumstances of the divorcing spouses.
Understanding the different types of alimony available, as well as working with an experienced spousal support lawyer, can help you navigate this complex aspect of your divorce with greater clarity and confidence.
Temporary Alimony (Pendente Lite)
Temporary alimony, also known as “pendente lite” or interim support, is awarded during the divorce proceedings and is intended to provide financial support to a dependent spouse until the divorce is finalized. This type of alimony ensures that the spouse who is financially disadvantaged during the separation period can maintain a reasonable standard of living. Temporary support is often based on the immediate needs and living expenses of the dependent spouse, with spousal support payments ceasing once the final divorce decree is issued.
Permanent Alimony
Permanent alimony is designed to provide long-term financial assistance to a dependent spouse after the divorce is finalized. The state may award spousal support permanently if the marriage was long-term, and the dependent spouse sacrificed career opportunities or earning potential to support the marriage or family.
Permanent alimony continues indefinitely unless one of the following occurs:
- The receiving spouse remarries
- Either spouse passes away
- The court modifies or terminates the alimony based on a significant change in circumstances
Rehabilitative Alimony
Rehabilitative alimony is awarded with the goal of helping the dependent spouse become financially independent. This type of alimony is often granted as periodic payments, during which the receiving spouse is expected to obtain education, training, or employment that will enable them to support themselves.
Determining spousal support on a rehabilitative level happens in cases where one spouse may have been out of the workforce for an extended period due to family responsibilities. The duration and how much alimony is awarded is tailored to the needs and potential of the dependent spouse to regain financial stability.
Reimbursement Alimony
Reimbursement alimony is less common but is awarded in situations where one spouse made significant financial contributions to the other spouse’s education, career, or earning potential during the marriage, providing equitable compensation for their support. This type of spousal support alimony is intended to compensate the supporting spouse for their financial obligations throughout the marriage. For example, if one spouse worked to support the family while the other attended school or advanced their career, reimbursement alimony may be awarded to balance out the financial contributions made during the marriage.
Factors That Affect Alimony Payments
In addition to financial need, our family law attorneys know that several factors, including income disparity, can play into whether spousal support is paid.
Child Support and Alimony
If the couple has children together, and the custodial parent is also seeking alimony, the child support payment can affect the spousal support payment. Because it increases the net monthly income of the recipient, the dependent spouse will have less need for alimony, thereby affecting the overall financial obligations.
Marital Fault
Prior to October 1995, “marital fault” was an essential element in any alimony claim. For example, in order for one party to receive support, the other spouse would have to be found at fault for the divorce such as by committing adultery or abandoning the marriage. North Carolina Legislature revised the law to eliminate fault as a requirement for an alimony claim and established marital misconduct as only one factor to consider.
Duration of the Marriage
The longer two people are married, the more likely it is that one party will have to pay alimony to the other, especially if one party has a significantly lower earning capacity.
Modifying or Terminating Alimony
Alimony payments are not always set in stone and can be modified or terminated under certain conditions. If there is a significant change in circumstances, such as a job loss or a substantial increase in income for one spouse, the court may adjust the alimony payments accordingly. Furthermore, if the dependent spouse remarries or begins cohabiting with a new partner, the alimony payments may be terminated.
To initiate a modification or termination of alimony, one spouse must file a motion with the court, providing evidence of the changed circumstances. The court will then review the motion and make a decision based on the presented evidence, ensuring that the alimony arrangement remains fair and appropriate.
Enforcing Alimony Payments
When one spouse fails to make the required alimony payments, the other spouse has the right to seek enforcement through the court system in North Carolina. The court can compel the paying spouse to fulfill their financial obligations, including making up for any missed payments. In some cases, the court may also order the paying spouse to pay interest on the overdue amounts.
If the paying spouse continues to neglect their alimony responsibilities, the court may hold them in contempt, which can lead to fines, penalties, and even jail time. To navigate this process effectively and ensure that alimony payments are enforced, it is crucial to work with an experienced family law attorney who can advocate for your rights and help you achieve a fair resolution.
Alimony FAQs
Are alimony and spousal support the same?
Not exactly. Spousal support is a general term to refer to the financial support one spouse may pay to the other after a separation. In North Carolina, that support is temporary while the divorce case is pending. Courts may order alimony to be paid for a longer period after the judge reviews the spouses’ finances and other legal factors.
How do North Carolina courts decide the amount of alimony?
The state does not use a fixed alimony calculator. A judge reviews each spouse’s income, expenses, earning ability, assets, debts, health, marriage length, standard of living, and other financial facts before deciding the amount and duration.
Can I receive alimony in North Carolina if I have a job?
Yes. A job does not automatically prevent alimony. The court looks at whether one spouse is a dependent spouse, whether the other is a supporting spouse, and whether support would be equitable based on the facts of the marriage.
Can alimony be awarded before property division is finished?
Yes. In Raleigh and surrounding areas of Wake County, the law allows an alimony claim to be heard before equitable distribution is completed. If alimony is awarded before property division, the court may later review certain issues after the equitable distribution claim is resolved.
How does child custody affect alimony in NC?
Child custody can affect alimony when parenting responsibilities limit a spouse’s earning power, increase expenses, or change financial obligations. North Carolina law allows the court to consider how serving as the custodian of a minor child affects that spouse’s finances.
Can marital misconduct affect alimony in NC?
Yes. North Carolina courts may consider marital misconduct when deciding alimony. Certain illicit sexual behavior before or on the date of separation can have a direct effect on whether alimony is ordered, denied, or left to the judge’s discretion.
Can spouses agree to alimony without a court hearing?
Yes. Spouses may address alimony through a separation agreement if they can reach terms outside of court. Each spouse should consider having separate legal representation before signing, since alimony agreements can affect long-term financial rights and obligations.
When can post-separation support or alimony end?
Post-separation support is temporary and may end once the court enters or denies an alimony order, the claim is dismissed, or the order reaches its end date. Alimony may end or change based on the court order or agreement, including remarriage, cohabitation, death, or a major change in circumstances.
Schedule a Consultation with Our Alimony Attorneys
/Whether you are seeking spousal support or are being petitioned to pay, we can provide you with expert legal advice to help you achieve your goals. Our family law attorneys have experience and in-depth knowledge about the issues that affect alimony and can apply them to your unique case. We can help you understand what to expect and are committed to advocating for your best interest.
To schedule your consultation, call (919) 301-8843 or fill out our contact form below.
