What Are Your Rights And Obligations Regarding Alimony?
In the past, the state of North Carolina granted alimony to a dependent spouse determinate upon the proof of fault and of financial need. Today the courts primarily focus on financial need. The amount awarded is at the complete discretion of the judge.
At The Law Office of Bryce D. Neier, PLLC, in Fayetteville, North Carolina, we assist husbands and wives in the Cumberland County area through the divorce process. From handling property division to child custody to alimony, our lawyers offer a wide spectrum of family law services. Contact us to discuss your questions and concerns.
Spousal Support In North Carolina
There are two types of spousal support available in North Carolina: post-separation support and alimony.
Post-separation support is a temporary award intended to provide for the needs of a dependent spouse until an order of alimony is entered or denied.
Alimony is ordered to meet the needs of a spouse on a longer term basis that can be awarded either prior to or following divorce. The term permanent alimony is not, technically, permanent. It can be terminated if either spouse dies, the recipient spouse remarries, the recipient spouse cohabitates as if married to a person who is not related by blood or marriage, or for other substantial changes in circumstances.
When determining temporary and permanent alimony, the court will consider factors such as:
- The length of the marriage
- The standard of living during the marriage
- The incomes during the marriage
- The expenses during the marriage
- The incomes, debts and financial needs at the time of hearing
If the court determines that one spouse does not have the financial resources to meet reasonable needs, post separation support may be granted temporarily until the alimony hearing. At the alimony hearing, the court may award long-term support in either a lump sum, a transfer of property or periodic payments.
Contact Us
If you have separated with the intention to divorce or are moving forward with the divorce process, consulting an experienced attorney is important. We are able to help dependent spouses and independent spouses file or fight claims and to protect their rights in divorce. Contact us at The Law Office of Bryce D. Neier, PLLC. We can be reached by telephone at (910) 423-5000.