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Understanding the Factors that Courts Weigh to Determine Alimony in NC
Either husband or wife if they are a dependent spouse may receive alimony in North Carolina. But certain conditions must be met to obtain post-separation support.
Among the factors the court may take into consideration in granting post-separation support are:
- The length of the marriage;
- The ages, physical, mental and emotional condition of the spouses;
- The earnings of the supporting spouse and dependent spouse;
- The contribution of one spouse to the increased earnings power of the other spouse;
- Marital misconduct of either spouse;
- The standard of living established during the marriage; and
- The property brought to the marriage by either spouse.
The court may award alimony for a specified amount of time or indefinitely. As financial circumstances change, it’s often necessary to ask the court to make changes to the post-separation support agreement. You need to protect your financial future by having a skilled lawyer advocating for your rights when the amount of post-separation support is calculated.
Types of Alimony in North Carolina
In North Carolina, there are various types of alimony, each serving different purposes based on the unique circumstances of the individuals involved.
- Post-Separation Support (PSS): Post-Separation Support is a form of temporary financial assistance that may be awarded to the dependent spouse during the separation period but before the divorce is finalized. Its purpose is to address the immediate financial needs of the dependent spouse, such as living expenses and attorney's fees. When determining PSS, the court considers factors such as financial resources, needs, and marital misconduct.
- Permanent Alimony: Permanent Alimony is awarded when one spouse is doubtful about becoming self-supporting due to age, disability, or other factors. It provides ongoing financial support until the death of either party or the recipient's remarriage. The court considers factors such as the duration of the marriage, the standard of living during the marriage, and the financial needs of the dependent spouse.
- Lump Sum Alimony: Lump Sum Alimony involves a one-time, fixed payment rather than ongoing periodic payments. This type of alimony is often preferred when a clean break is desired, providing financial closure for both parties. The court considers factors like each spouse's financial circumstances and the overall division of marital assets.
Who Gets Alimony in a Divorce?
The court carefully examines various factors to determine who is eligible for alimony in a divorce. This may include:
- Dependent Spouse: The dependent spouse is the party seeking alimony. Typically, the dependent spouse is economically disadvantaged or unable to maintain the standard of living set during the marriage. Factors such as age, health, financial needs, and contributions to the marriage are considered in determining dependency.
- Supporting Spouse: The supporting spouse is the party from whom alimony is sought. The court evaluates the supporting spouse's ability to pay alimony, considering income, assets, and financial obligations. Marital misconduct, like adultery or abandonment, may also be considered in certain cases.
- Marital Misconduct: North Carolina law allows the court to consider marital misconduct when awarding alimony. Misconduct may include adultery, abandonment, cruel treatment, or substance abuse. Marital misconduct can affect the amount and duration of alimony awarded.
- Duration of the Marriage: The duration of the marriage is a crucial factor in alimony determinations. Short-term marriages may result in different alimony considerations compared to long-term marriages. The court assesses the contributions of each spouse during the marriage and the impact on their respective financial positions.
Contact Our Alimony Attorneys in Shelby Today
The family lawyers at Teddy, Meekins & Talbert, P.L.L.C., know the law regarding alimony and spousal support. We’ve helped many residents of Shelby, Rutherfordton, Lincolnton, and Gastonia work through the issues of a contested divorce, such as spousal support.
Contact our alimony lawyers in Shelby, NC today by calling (704) 396-5155 or by using our online contact form.