How is alimony determined in North Carolina?
There is no set formula in North Carolina that determines the amount or duration of alimony awarded to a financially dependent spouse. There is also not a requirement that it is granted at all. Alimony is based on the specific facts and circumstances of a case.
How long is alimony paid in North Carolina?
In most cases, the court will award alimony for the duration of half the length of the marriage. For example, if a couple was married for 10 years, the dependent spouse would get 5 years of alimony. But, the court may deviate from this at any time depending on the circumstances of each spouse.
What are the alimony laws in North Carolina?
Alimony, also called spousal support in NC, is generally awarded during divorce proceedings as a means to assist a dependent spouse. The State of North Carolina considers a dependent spouse to be one who is substantially dependent on the other spouse for financial support, or maintenance, or in need of maintenance.
How can I avoid paying alimony in NC?
Do You Have a Separation Agreement? If you and your spouse signed a separation agreement, it might be used to eliminate alimony. The separation agreement must contain an express provision that waives alimony and/or post-separation support.
Is alimony for life in NC?
Alimony Likely Won’t Last Forever. Now that women are a vital part of the workforce, permanent alimony is not as necessary. Instead, it bridges the gag until each spouse is financially independent. Alimony usually ends at a date determined by the Court, or when the dependent spouse: Remarries.
Is NC A 50/50 divorce state?
In most North Carolina divorces, property will be divided 50/50 between spouses. However, the following factors may be taken into account to ensure the equitable distribution of property: Income of both parties. Property.
How do you get alimony in North Carolina?
– A complaint, stating the facts of your case and your request for a divorce. The courts do not provide a standard form for the complaint. – A summons. – A Domestic Civil Action Cover Sheet. – An affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not your spouse is in the military. – You must pay the court filing fee.
marital misconduct,including abandonment,cruel treatment,or excessive use of alcohol or drugs (N.C.
How is alimony or spousal support addressed in North Carolina?
– financial needs of both spouses – the marital standard of living – present employment income and other recurring earnings from each spouse – each spouse’s income-earning abilities – separate and marital debt obligations of each spouse – each spouse’s necessary expenses, and – whether either spouse is legally obligated to support a third-party.
Can I get alimony in North Carolina?
Yes, you can request alimony, also known as spousal support in North Carolina, during and after the divorce proceedings. However, when seeking spousal support while your divorce is pending, you must prove your need for financial help and your spouse’s ability to make the monthly payments. If you want to get post-separation alimony during your divorce case, contact a knowledgeable family law attorney in North Carolina to help you obtain spousal support.