Charlotte Alimony Lawyer

Our Charlotte based divorce attorney is well versed in alimony and spousal support laws and are prepared to help with your case. Alimony, also known as spousal support, is payment for the support and maintenance of a spouse, and may be awarded as a lump sum or on a continuing basis. Either party to a divorce may move for alimony; however alimony will only be awarded to a spouse upon a showing that the recipient spouse is the "dependent" spouse (i.e., dependent upon the other spouse) and the paying spouse is the "supporting" spouse. North Carolina courts consider many factors when determining how much and how long alimony should be paid, including, but not limited to: the lifestyle each spouse enjoyed during the marriage; the income and earning potential of each spouse; and how each spouse contributed to maintaining the lifestyle enjoyed during the marriage. North Carolina General Statute § 50-16.3A lists 16 factors a court must consider in determining the amount and duration of an Alimony award. As with most divorce related claims, spouses may agree to either waive alimony or set the terms of Alimony as part of a properly drafted and executed separation agreement.

****IMPORTANT: if you wish to file for Alimony or Post-Separation Support, you MUST do so prior to your divorce being granted or else your ability to file will be lost forever.

To speak with a Charlotte divorce attorney regarding Alimony or Post-Separation Support, call (704) 412-1442.

Alimony and Marital Misconduct

Alimony is one of the few areas in family law in which the marital misconduct of the parties may be taken into consideration by a court when determining the amount and duration of alimony. For example, North Carolina courts do not look favorably upon parties who have engaged in adultery. If a supporting spouse (the spouse who would be responsible for paying alimony) is found to have cheated on the dependent spouse (the spouse that would be entitled to receive alimony), then North Carolina law makes it mandatory for courts to award alimony to the dependent spouse (assuming the dependent spouse has clean hands). However, if the dependent spouse is found to have cheated on the supporting spouse during marriage, then North Carolina law dictates that a court may not award alimony to the dependent spouse (again, assuming the supporting has clean hands). In the event that both parties were found to have committed adultery during the marriage, then the court will rely on the standard alimony factors to determine the amount of alimony to be awarded to the dependent party. For more information, visit our marital misconduct page.

To speak with a Charlotte attorney today regarding Alimony, call (704) 412-1442.

Modification of Alimony

Alimony is not easily modifiable in North Carolina. In fact, alimony orders originally entered in states other than NC may not be modified in NC at all and must be modified in the original state in which the order was created.

Alimony orders originating in NC may be modified here depending on the surrounding circumstances. First, there must be an actual court order dictating the amount and duration of alimony to be paid - this means that alimony created by a separation agreement that has NOT been incorporated into a final divorce decree may not be modified unless both parties agree to the modification. Second, there must be a substantial change in circumstances between the date the order was entered and the time of filing for modification. Upon a showing of both a court order and substantial change, alimony MAY be modified depending on the additional surrounding circumstances.

Post-Separation Support

Post-Separation Support is similar to alimony, but is typically used to bridge the gap between the period of separation and an award of alimony. A post-separation support award is temporary and will end upon any of the following occurring: (1) the remarriage or cohabitation of the dependent spouse; (2) absolute divorce being granted without a claim for alimony pending; (3) a court awarding or denying alimony; (4) the dismissal of the pending alimony claim; or (5) the death of either the supporting or dependent spouse. It is very important that you make your claims for Post-Separation Support and Alimony prior to your divorce being granted. Once your divorce has been granted, your ability to bring these claims will be lost forever.

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