Is Alimony A Possibility?

What are the types of alimony?

In North Carolina, there are several types of alimony that a court may award, each serving a different purpose in supporting a dependent spouse:

• Temporary alimony (pendente lite): This type of alimony is awarded during the divorce proceedings to provide financial support to the dependent spouse until a final settlement is reached.
• Rehabilitative alimony: This short-term alimony is intended to help the dependent spouse gain financial independence, often by acquiring education or training for employment.
• Permanent alimony: Though less common, permanent alimony is awarded when the dependent spouse is unlikely to achieve financial independence due to age, health or other circumstances. It continues until a significant change in circumstances occurs.
• Lump-sum alimony: This involves a one-time payment instead of ongoing payments, often used to simplify the settlement process.
• Reimbursement alimony: This type compensates a spouse who supported the other through education or training, with the expectation of benefiting from the increased earning capacity.

Each type of alimony is tailored to the specific needs and circumstances of the spouses involved. Consulting with a knowledgeable attorney can help you understand which type may apply to your situation and how to pursue it effectively.

How Long Does Alimony Last?

The duration of alimony in North Carolina varies based on the type of alimony awarded and the specific circumstances of each case. Here are some general guidelines:

• Temporary alimony: This type of alimony lasts only until the divorce is finalized and a permanent arrangement is established.
• Rehabilitative alimony: This is typically awarded for a set period necessary for the dependent spouse to gain self-sufficiency, such as completing education or job training.
• Permanent alimony: While less common, permanent alimony continues indefinitely until a significant change in circumstances occurs, such as remarriage, cohabitation or death of either spouse.
• Lump-sum alimony: This is a one-time payment, so it does not have a duration in the traditional sense.

The court considers factors such as the length of the marriage, the financial needs of the dependent spouse, and the ability of the supporting spouse to pay when determining the duration of alimony. It’s advisable to work with an experienced attorney to understand how these factors might apply to your situation and to ensure that the alimony arrangement is fair and appropriate.

Does remarriage affect alimony?

Yes, remarriage can significantly affect alimony in North Carolina. Typically, if the receiving spouse remarries, alimony payments are terminated. This is because the financial need that justified the alimony award is presumed to have changed with the new marriage. However, if the paying spouse remarries, it does not automatically affect their obligation to continue alimony payments, unless there are other significant changes in circumstances that warrant a modification. It’s important to review the terms of your alimony agreement and consult with a knowledgeable attorney to understand how remarriage might impact your specific situation and to explore any necessary legal steps.

Does cohabitation affect alimony?

Cohabitation can significantly impact alimony arrangements in North Carolina. If the receiving spouse enters into a cohabitation arrangement with a new partner, it may lead to the termination or modification of alimony payments. The court considers cohabitation as a change in circumstances, potentially affecting the financial need of the dependent spouse. It’s essential to consult with an experienced attorney to understand how cohabitation might influence your specific alimony situation and to explore your legal options.

What happens to alimony if the payer dies?

North Carolina General Statutes § 50-16.9 state that alimony automatically terminates if either spouse dies, whether the alimony was being paid via a lump sum or in installments. Some couples make agreements, however, for a paying spouse to carry insurance that will pay a death benefit to the dependent spouse if the payor spouse dies before their support obligation is fulfilled.

Can alimony be paid in a lump sum?

Yes. Some people do not want to make monthly alimony payments because it can lead to financial strain and build resentment. There may also be issues if a payer falls behind on payments. While monthly alimony payments are often the most common type of arrangement, a lump sum payment may be better for both the payer and recipient.

A lump sum payment is a fixed price that is made one time. This can allow the payer to fulfill their financial obligation without suffering financial strain from late payments. In some cases, a lump sum can be made in multiple installments. While that may sound similar to monthly payments, there are a few differences. A lump sum payment made in multiple installments is still set at a fixed amount, and the arrangement can not be easily altered or terminated.

A lump sum payment is not for everyone. An experienced attorney can help couples explore the benefits of a lump sum alimony payment.

Can a husband receive alimony from a wife?

Alimony is based on economic dependency rather than gender. In other words, a husband has as much of a right to alimony as a wife. Alimony is eligible for any dependent spouse who requires financial support to maintain their standard of living. Many years ago, it may have been typical for the wife to receive alimony because they were responsible for maintaining the household and raising their children while the husband worked. In today’s economic landscape, both couples in a household are often seen working to provide for their family. In some cases, the wife is earning more than their husband. A stay-at-home husband who cares for the household is also a growing trend.

What is the difference between alimony and child support?

Alimony allows a spouse who earns much less than the other to receive financial support to maintain their standard of living after a divorce. A spouse may receive alimony regardless of whether they have children. However, alimony is not guaranteed and may be limited.

Child support belongs to the dependent child – and it is the child’s right to be financially supported by both their parents. It is independent of any spousal support being paid.