Charlotte Alimony Lawyer

North Carolina Alimony Laws

Alimony is often a major source of disagreement, confusion, and animosity when spouses split up. Who is eligible for alimony? At what amount and for long? Alimony, also called spousal support, is the financial support that the higher-earning spouse pays a dependent spouse for living expenses. It is generally based on the idea that the dependent spouse earns less and is thereby less able to maintain the accustomed standard of living enjoyed during the marriage. It may also be influenced by issues of sexual misconduct on the part of the spouses during the marriage.

If you and your spouse cannot come to an agreement on the issue of alimony, the court will decide it for you. To get started with resolving the matter, it is best to retain the services of a reliable Charlotte alimony attorney who can guide you and represent you in negotiations or in court. At Rech Law, P.C., we have focused our practice on family law and divorce for many years. Our long track record of success has given us a thorough understanding of how these issues can be resolved both inside and outside the courtroom. We are committed to providing all of our clients with compassion and strong representation.

How Is Alimony Determined in North Carolina?

In order to be awarded alimony, a dependent spouse must show that he or she cannot maintain the lifestyle enjoyed during the marriage without the financial support of the other spouse. However, if the dependent spouse engaged in adultery during the marriage, he or she will likely not be eligible for support. If both spouses engaged in adultery, the court will make a decision based on the circumstances.

Alimony may be paid to the dependent spouse:

• As a lump sum;
• In scheduled payments;
• As a transfer of title or through a possession or property; or
• Through withholding income.

Courts will look at many factors in determining the awarding of alimony, such as:

• How long the marriage lasted;
• The ages and conditions of the spouses;
• Marital misconduct;
• What each spouse earns and their capacities for income;
• Who will be the custodial parent in the case of minor children;
• The standard of living maintained during the marriage; and
• Whether one spouse contributed to the earning capacity of the other through training or education.

The above and many other factors will influence the court’s decision as to whether alimony will be awarded indefinitely, for a specified time period, or not at all.

Do You Need a Separation Agreement in NC?

No, you do not need a legal document showing the day you physically separate from your spouse, nor do you need to have a Separation Agreement in place prior to filing for divorce. However, if there is not an alimony claim pending prior to the Judgment of absolute divorce, then you will lose the ability to make a claim for the same in the future.

We Are Here to Help You through the Divorce Process

Everyone knows that divorce is a stressful, life-changing experience. Having a trusted legal advisor in your corner can help to reduce some of the difficulty. Our Charlotte alimony attorneys offer sensitive and dedicated legal support that can ease the way through this challenging time.