Alimony FAQ
There are many challenging parts of divorce. It’s an upheaval and a deliberate, considered separation of two intertwined lives. However, often, those binds don’t sever completely and, in many cases, there must be an ongoing financial tie: alimony.
At , we are spousal support lawyers who understand the challenges of both sides of the alimony question. Our job is to educate you on what’s possible and what’s practical. Below, we’ve put together some of the answers to questions our clients frequently ask.
What is alimony?
Alimony, also known as spousal support, is an ongoing financial support system for former spouses. North Carolina law recognizes the necessity of alimony in many situations.
The purpose of alimony and spousal support is to allow a former spouse to have a financial basis as they build a new life. The close connections and intermingled assets of marriage can create financial dependency. Cutting off the marital ties could potentially leave a person with no way to support themselves.
Who is eligible for alimony?
Alimony between two former spouses – where the one with the higher income pays the one with the lower income – is not automatic. The judge in your case, before ordering alimony, will look to answer several questions about the divorcing individuals. These include the following:
- How old are they?
- How healthy are they?
- How long was the marriage?
- What are their financial situations?
- What was their lifestyle during the marriage?
- Was there any marital misconduct?
While North Carolina has a no-fault divorce law, alimony is one area in which fault may be a contributing factor. A person found at fault – meaning, they committed a crime or adultery or are liable for some other recognized fault – may either pay more in alimony or not be eligible for as much.
How is the amount of alimony determined?
Unlike child support, there is no set algorithm for alimony or spousal support payments. Instead, determinations are based on the judge’s experience and the relevant factors, such as those listed above. That said, since there is no formula, alimony can be a large financial boon or burden.
Can both men and women receive alimony?
Yes. Alimony is tied to income, not gender. Therefore, if a woman makes more than her husband, it is possible for her to have to pay alimony in the divorce. This is also possible through same-sex marriages.
If a spouse meets the requirements of the judge, then alimony is a likely outcome.
How long does alimony last?
Some alimony durations are temporary, lasting until the dependent spouse can pay their own way. However, depending on the length of the marriage, the amount of financial dependency and any disabilities involved, alimony orders can become permanent.
Skilled, Experienced Spousal Support Attorneys On your Side
Whenever you have an alimony question, there are likely to be extremely strong opinions on both sides as to how much alimony should be paid or how long it should last. The lack of a specific formula for alimony can seem intimidating. However, we have experience in these cases and in North Carolina law. We can be your advocates.
When clients come to us, they learn to trust in our strategic, comprehensive work because we’ve developed a reputation for being strong and respected divorce lawyers. We will be with you for the entirety of your case.
Reach out to us today by phone at 919-926-1943 or email to get a consultation with one of us. Your case may just be starting, but you don’t have to move forward without all the information you deserve.