Some people are surprised to learn that alimony is still common, particularly in a world where many women not only support themselves, but may also be the breadwinner. If one spouse has lived as a dependent of the other, alimony may be paid by the supporting spouse.
Alimony is the payment of an amount to a spouse for his or her maintenance and support. Post-separation support is the payment of an amount for a period of time set by the court, until an alimony order is entered or an alimony claim is denied/dismissed or until the divorce judgment is entered if no alimony claim is pending.
Our Established Family Law Firm Can Advise You On Issues Of Alimony Or Spousal Support
Factors unique to an individual marriage and particular circumstances of the parties to a divorce will help determine whether alimony is appropriate — and in what amounts. Unlike some other states, North Carolina does not have alimony guidelines or a formula. The determination of alimony terms is in the discretion of the court.
In order to receive alimony, the spouse seeking alimony must show that:
- He or she is the dependent spouse.
- The other party is the supporting spouse.
- The supporting spouse has the ability to pay alimony.
Once these three factors have been established, certain marital misconduct can be taken into consideration in determining the amount and duration of alimony. See our “Alimony FAQ” page for information on this and other specific factors that may influence the outcome of your alimony negotiations or court decision.
A knowledgeable divorce lawyer at Vitale Family Law can provide a personalized evaluation of your situation and guide you through negotiations or court hearings dedicated to this issue. If you suspect you may be expected to pay alimony or if you believe you should receive spousal support or alimony, contact Vitale Family Law in Raleigh. Our family law attorneys can advise you of your rights and advocate on your behalf.