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Attorneys at Raleigh Divorce Law Firm

Is Alimony A Possibility?

Alimony is often one of the most contentious aspects of the divorce process. It can also be quite complex. If you are involved in a divorce in which you or your spouse are seeking alimony, it is critical that you have an experienced divorce lawyer on your side who will protect your rights.

At the Raleigh Divorce Law Firm, our attorneys practice exclusively in divorce and family law to provide the skilled and knowledgeable representation you require.

How Alimony Is Determined

If spouses are unable to reach an agreement, alimony, also called spousal support or maintenance, becomes a matter for the court. The law in North Carolina grants judges considerable discretion in alimony claims during the divorce process. The spouse seeking alimony must prove to the court that he or she is a dependent spouse. Other considerations include:

  • The income of the spouses, including substantial assets
  • Any disability of the spouse seeking alimony
  • Issue of fault; infidelity may bar the dependent spouse from receiving alimony

Our alimony attorney can explain the details and answer your questions pertaining to spousal support. Learn how it is calculated and whether you may receive it or may have to pay it, based on your specific situation.

Diligent Advocacy Through Spousal Support Concerns

It is critical that you have a skilled family law lawyer who can negotiate a favorable agreement on your behalf or make a compelling case on your behalf at trial. You will receive the knowledgeable and vigorous representation you require as a client of our reputable legal practice.

Frequently Asked Questions About Alimony

Alimony can become a hot-button issue in many divorces. At Raleigh Divorce Law Firm, our attorneys can provide detailed explanations to any of your questions about alimony. Here, we have provided a collection of answers to some frequently asked questions.

How do I apply for alimony?

To receive alimony in South Carolina, it is often necessary to show a court that you need financial support after a divorce. Alimony may be granted depending on a number of factors, including:

  • Length of the marriage
  • Each spouse’s earning capacity
  • Education and skill background
  • Age of spouses
  • The health of each spouse

Our attorneys at Raleigh Divorce Law Firm can help clients explore their alimony options and advocate for a fair agreement that is fair to both sides.

Is alimony taxable?

A new law took effect in 2019 that made it so that the paying spouse can no longer deduct alimony from their income, and alimony is no longer counted as income for the receiving spouse. This law affects any alimony agreements executed from Dec. 31, 2018, onward.

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.

Can alimony be modified or terminated?

Yes. When making alimony payments, a modification can be proposed if there are significant changes in the payer’s circumstances. The payer may need to request alimony modification with a family court. Here are some changes that could allow for modified alimony in South Carolina:

  • Change in income
  • Job loss
  • Unexpected medical expenses
  • Health issues
  • Inheritance
  • Remarriage

Alimony may also be terminated for a number of reasons, including:

  • Death of an ex-spouse
  • Remarriage
  • Cohabitation with a supporting spouse

If you experienced a change in your finances or living situation, you may need to talk to an attorney to discuss your alimony modification options.

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.

What happens if alimony payments are not made?

If an ex-spouse fails to make alimony payments, they could face serious legal repercussions. An ex-spouse may be required to appear in court to explain why alimony payments have stopped. A judge may hold the nonpaying party in contempt, which can result in jail time, community service and fines. Additional measures may be taken to collect on past payments, such as collections, liens or wage garnishment.

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.

Explore Your Alimony Rights; Contact An Alimony Attorney

Need legal guidance in divorce, child support payment and spousal maintenance concerns? Get answers today from an experienced divorce lawyer. Call 919-926-1943 to set up an appointment or contact us by email.