Alimony and Post Separation Support

Get What You Deserve in Alimony or Post-Separation Support

Separating from a spouse can be an emotional and stressful process that requires making difficult decisions. Some of these difficult decisions can be determining alimony or post-separation support. Though this process can be painful and frustrating, you do not have to go through this alone. Navigating the minefield of legal issues created by separation and divorce requires a compassionate, skilled, and effective advocate on your side. Here at Greenwood Law, we understand that this time in your life can be tough, but that does not mean the legal process has to be equally difficult. We take the time to listen to your situation, research, and create an effective plan of action specifically right for you. We will be there to serve as both an understanding confidant and fiercely zealous advocate for every situation that may arise.

What is “Alimony” and How Can I Get It?

“Alimony” is a payment order for support of a spouse, or former spouse, either in lump sum or periodic payments, usually in a divorce action. Either party in a divorce or separation can move for alimony, which the court will award based on first evaluating whether a spouse is financially dependent on the other spouse. The court’s alimony award requires the court consider marital misconduct by either party, and to weigh multiple other factors, such as:

Relative earning and earning capacity of spouses
Amount and sources of earned and unearned income
Duration of marriage
Contribution of one spouse to the other spouse’s education, training, or increased earning power
Extent of which the earning power, expenses, and financial obligations will be affected by a spouse serving as custodian of a minor child
Standard of living established during marriage
Property brought to the marriage by either spouse
Contribution of a spouse as a homemaker
Relative needs of spouses

Because an alimony award is based on multiple factors, having adequate representation is vital in order to defend against or bolster your alimony claim. Alimony awards can even later be modified based on changed circumstances including change of parties’ earnings and other significant changes that affect the prior award.

How Can I Get Post Separation Support?

“Post separation support” is spousal support which can be ordered in an action for divorce, annulment, or for alimony without divorce, to be paid until a date specified, an award or denial of alimony, an alimony claim dismissal, or an entry of absolute divorce with no pending claim of alimony. Either party can move for post separation support, which the court may award after weighing factors such as:

Financial needs of parties
Parties’ accustomed standard of living
Present employment income and other earnings of each party
Parties’ income-earning abilities
Expenses reasonably necessary to support each of the parties
Each parties’ legal obligations to support any other persons

A dependent spouse may be entitled to such an award for post separation support if the court finds that the dependent spouse’s resources are not adequate to meet their needs and the supporting spouse has the ability to pay. You may be eligible for post separation support which can help you live comfortably and pay expenses, including zealous legal representation, during the pendency of other claims arising from your marriage.

Common Questions About Alimony and Post-Separation Support in North Carolina

What Qualifies You for Alimony in North Carolina?

In North Carolina, a spouse can qualify for alimony if they earn less than the other spouse and need financial support. The court looks at each spouse’s earnings, their standard of living during the marriage, and their ability to pay bills after it. If one spouse cannot maintain their lifestyle without help and the other can afford to provide support, the court may award alimony.

How Is Spousal Support Calculated in North Carolina?

Calculating spousal support, or alimony, involves a detailed evaluation by the court of various aspects of both spouses’ lives and their marriage. Here are the factors the court considers to determine the amount, duration, and manner of alimony payments:

Marital Misconduct: The court considers any wrongful behavior by either spouse during the marriage, such as infidelity or abuse. This behavior can influence the court’s decision to award alimony and the amount.
Earnings and Capacities: Each spouse’s relative income and earning potential play a crucial role. If one spouse earns significantly less or has a lower earning capacity, they could be entitled to alimony.
Health and Age: The physical, mental, and emotional health of both spouses must also be accounted for. The court might award a spouse in poor health or at an advanced age more support.
Income and Benefits: All sources of income are relevant, including salaries, dividends, and benefits like retirement accounts and social security.
Length of Marriage: Typically, the longer the marriage, the more likely the court will award alimony, particularly if one spouse became financially dependent on the other over many years.
Contributions to Earning Power: If one spouse helped the other become more financially stable by supporting their education or career development, this sacrifice on their part will factor into alimony considerations.
Child Custody Effects: One spouse’s duty to care for minor children and how it affects their ability to earn a living will impact the court’s alimony considerations.
Lifestyle During Marriage: The standard of living established during the marriage sets a benchmark for what the court might consider a reasonable alimony amount after divorce.
Education and Employment Training: The court looks at each spouse’s education level and how long it might take for the dependent spouse to get enough training and find a job that meets their economic needs.
Assets and Debts: The court examines each spouse’s financial status, including assets they brought into the marriage and their current liabilities and debts.
Homemaker Contributions: The court evaluates contributions either spouse made as a homemaker during the marriage and considers these contributions in its alimony decision.
Financial Needs: The court compares the actual needs of each spouse for maintaining a basic standard of living after divorce.
Tax Implications: The court considers the tax implications of any potential alimony payments to balance the overall financial burden fairly.
Other Economic Factors: The court also accounts for any other financial aspects it deems relevant in its decision-making.

What Stops Alimony in North Carolina?

One major reason alimony could stop in North Carolina is if the receiving spouse remarries. If a dependent spouse gets married again, the law requires that alimony payments cease immediately. Similarly, alimony will also end if the dependent spouse starts living with another adult in a relationship that is similar to a marriage, known as cohabitation. This includes both heterosexual and homosexual relationships where the couple shares a home and life responsibilities like married partners would.

Another situation that stops alimony is the death of either spouse. If the person paying or receiving alimony passes away, the payments are no longer necessary and thus terminate.

Either spouse can also request a modification or end to alimony payments if there are significant changes in either party’s financial circumstances. This could include a loss of job, a new disability, or any other financial change that impacts the supporting spouse’s ability to pay or the recipient spouse’s need.

How Long Does a Spouse Have to Pay Alimony in North Carolina?

In North Carolina, the duration of alimony payments varies based on the type of support awarded and the circumstances of the divorce. Post-separation support, also known as temporary alimony, lasts for a limited period. The supporting spouse can stop paying temporary alimony when the end date specified in the support order arrives, or the judge issues a final decision on alimony or finalizes the divorce.

For post-divorce alimony, the judge usually includes a specific duration for periodic payments or income withholding in their order. Generally, alimony is designed to provide temporary support to help the recipient spouse become financially independent after the divorce. However, in cases where the marriage was long or where the dependent spouse faces obstacles like age or disability that prevent them from becoming self-sufficient, the judge may grant alimony indefinitely. This flexibility allows the court to tailor alimony payments to the specific needs and situations of the individuals involved.

Contact Us Today

Here at Greenwood Law, we are ready and well-equipped to talk to you about your divorce, alimony, and post separation needs today with a careful and compassionate ear. We provide both a patient compassion and a fierce advocacy that is required of every situation. To discuss your options further with the attorneys at Greenwood Law, contact our Winston-Salem office today by calling 336-661-8788, or filling out our online contact form.