Charlotte Alimony Lawyer

Guidance on North Carolina Spousal Support 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 how 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.

Who is Eligible for Alimony?

In North Carolina, any spouse may be eligible for alimony following a divorce or legal separation, provided they can demonstrate a financial need for support and meet other criteria under state law.

The eligibility for alimony is not automatic, and the court will assess a variety of factors to determine whether one spouse should pay alimony to the other, how much should be paid, and for how long.

The spouse who is seeking alimony must demonstrate that they have a financial need and that the other spouse has the ability to pay. This could include cases where one spouse has been financially dependent on the other for the duration of the marriage or has limited earning capacity.

How Long Does Alimony Last?

The duration of alimony can vary greatly depending on the length of the marriage, the financial and emotional needs of both spouses, and the ability of the recipient spouse to become self-supporting.

• Short-Term Marriages (Less than 10 years): In marriages of relatively short duration, alimony is often awarded for a shorter time, typically ranging from a few months to a few years. For example, if a couple was married for 5 years, and the wife has been out of the workforce to care for children, the court may award her alimony for 2-3 years, allowing her time to get back into the workforce and support herself.
• Long-Term Marriages (10+ years): In long-term marriages, alimony is more likely to be awarded for a longer duration, and it may even be permanent if the recipient spouse is unable to become self-supporting. The length of the marriage can significantly influence the alimony award. If a couple was married for 25 years and the wife did not work outside the home, the court may award her alimony for a longer period or even indefinitely, especially if she is unable to support herself due to age, health, or other circumstances.

Is it Possible to Modify or Terminate Alimony?

Alimony is not always a permanent obligation. In some cases, alimony may be modified or terminated based on changes in the financial circumstances of either spouse or other significant life events. Some common reasons for modifying or terminating alimony include:

• Change in Income: If the paying spouse’s income decreases significantly or if the recipient spouse’s financial situation improves (e.g., through employment), the amount of alimony may be modified.
• Remarriage: In North Carolina, alimony may be terminated if the recipient spouse remarries. The rationale behind this is that the recipient spouse may be financially supported by a new partner, making alimony unnecessary.
• Cohabitation: If the recipient spouse begins to cohabit with a new partner in a romantic relationship, alimony may be terminated or reduced.
• Death of Either Spouse: Alimony obligations generally end upon the death of either spouse.
• Significant Life Changes: If either spouse experiences a major life change, such as a serious illness or job loss, they may seek a modification of alimony payments to reflect their changed circumstances.

Do You Need a Separation Agreement in NC?

No, you do not need a legal document showing the day you physically separated 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.

Navigating the Alimony Process with Rech Law, P.C.

Going through a divorce can be emotionally and financially challenging, especially when it comes to determining alimony. At Rech Law, P.C., we understand the complexities of alimony laws in North Carolina and are here to guide you through the process.

Our experienced Charlotte alimony lawyers will work closely with you to understand your unique situation and help you navigate the different types of alimony available in North Carolina:

• Post-Separation Support: This temporary form of alimony provides financial assistance to the dependent spouse during the separation period and ends once the divorce is finalized.
• Alimony Pendente Lite: Also known as temporary alimony, this type of support is awarded during the divorce proceedings to help the dependent spouse with immediate financial needs.
• Rehabilitative Alimony: Designed to support the dependent spouse while they receive education or training to become self-supporting, rehabilitative alimony is awarded for a specific period.
• Permanent Alimony: In cases where the dependent spouse is unable to achieve self-support, permanent alimony may be awarded. This type of alimony continues until the recipient remarries or either party passes away.

Our dedicated team will thoroughly analyze your financial situation, including income, assets, and expenses, to help determine the appropriate type and amount of alimony that may be awarded in your case.

With our extensive knowledge of North Carolina alimony laws and our commitment to protecting your best interests, you can trust Rech Law, P.C. to provide you with the guidance and representation you need during this challenging time.

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.