Charlotte Divorce Lawyer Blog
Five Things to Know About Alimony in North Carolina
When you decide to end your marriage, you and your spouse have many decisions to make. You need to equitably divide your marital property and decide issues regarding the children, such as custody and visitation. Another issue that may arise is whether alimony will be necessary. Alimony, also called maintenance or spousal support, is money paid by one spouse to the other during separation or divorce.
There are Two Types of Alimony in North Carolina
There are two main types of alimony or spousal support in North Carolina. Post separation support (PSS) is temporary financial support typically provided during the separation period. Temporary support is designed to assist a spouse as they work to become financially self-sufficient. Alimony is support that is paid to a spouse after divorce, generally on a permanent basis. Alimony is most common in situations where one spouse worked during the marriage and the other did not.
Alimony is Not Automatic
Many decades ago, families typically had only one income-earner. This required the income-earning partner to pay support to the other. Today, the family dynamic has changed drastically. In most families, both parties work outside the home. A spouse must be dependent on the other in order to obtain support or alimony. You must be able to show that you require financial assistance in order to meet your needs or that you are not able to survive on your own unless you receive support from your spouse.
There is No Set Formula to Calculate Alimony
The need for alimony, as well as the amount of alimony, is determined on a case-by-case basis. There is no set formula to calculate alimony. The judge reviews several factors, including the length of the marriage, the income and earning ability of each spouse, the age and health of both parties, and the standard of living they had during the marriage. The judge can also consider the education or training needs of one person to obtain employment.
Marital Misconduct Can Play a Role in Alimony Calculation
While marital misconduct does not affect the distribution of assets in divorce, it can be part of the evaluation of alimony. Marital misconduct includes such things as adultery, substance abuse, and other actions or behaviors that erode a marriage. For example, if a spouse misused marital funds, the amount of alimony could be adjusted. If a spouse who requests alimony but has committed misconduct, the amount of alimony could be reduced or it could be denied. The judge will determine how much of a role, if any, misconduct will impact alimony in each case.
When Does Alimony End?
Alimony ends based on a court order in each specific case. PSS is temporary and usually lasts during the separation period. It is designed to last for the time it takes for a spouse to seek training or obtain employment. Alimony is considered permanent, but it may have an end date. Alimony is often ordered for a length of time that is half the length of the marriage. Sometimes, alimony may be indefinite. If indefinite, it will end when one party dies or when the party who receives alimony remarries.
To learn more, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our knowledgeable legal team.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/marital_misconduct
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.2a.html
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