Alimony

Alimony

What is Alimony? 

Alimony is described as the support provided by the supporting spouse to a dependent spouse for a longer duration, and in some cases, it can be permanent. Both spouses can settle the alimony or it can be determined by the court.

Only a dependent spouse is entitled to receive alimony in North Carolina. A dependent spouse is referred to as a husband or a wife substantially dependent upon the other spouse for maintenance and support, or is substantially in need of maintenance and support from the other spouse.

Post-separation support, alimony, temporary alimony, and permanent alimony are the terms used to describe the money that a supporting spouse pays a dependent spouse. Many people are often confused by these terms and often use these terms interchangeably.

Post-separation support is a temporary type of alimony and is not intended to be a permanent support. Post-separation support is described as the money that a supporting spouse pays to the other spouse in response to an agreement between the separated parties, or in response to the order of a judge for support until a decision on calculating alimony is made.

Do I qualify for alimony? 

​To be entitled to receive alimony, the dependent spouse must be able to show that he or she doesn’t have adequate resources to support his or her needs, and that the other spouse is financially capable of paying the alimony. However, if the supporting spouse, who has not committed marital misconduct, is able to prove that the dependent spouse is involved in uncondoned illicit sexual behavior, then alimony becomes inapplicable.

Do I need an Attorney?

Before you decide to handle your divorce case on your own, ask yourself first if you’re sure you’re not waiving any rights to alimony by consenting to a divorce or separation agreement.   We are ready to help you make sure you’re not giving up the benefits you’re entitled to receive. Contact us to schedule a consultation so we can help you with your case.

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