North Carolina Alimony Lawyer
North Carolina can order one spouse to pay alimony or support to the other while they are separated and after divorce. Unlike child support, there is not a black-and-white formula to determine the alimony amount or how long it should continue. Spousal support is highly dependent on the facts of your case.
At Kennedy Law Associates in Charlotte, North Carolina, our lawyers are here to help you determine a fair amount of child support for your family.
What Is Alimony?
In North Carolina, "alimony" means an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term, ordered in an action for divorce. N.C.G.S. § 50-16.1A.
North Carolina courts may award both temporary and permanent alimony if one spouse is financially dependent upon the other. In North Carolina, a "dependent spouse" means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. N.C.G.S. § 50-16.1A.
Alimony may also be awarded or forfeited if a spouse commits marital misconduct. "Marital misconduct" means any of the following acts that occur during the marriage and prior to or on the date of separation:
- Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse
- Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought
- Abandonment of the other spouse
- Malicious turning out-of-doors of the other spouse
- Cruel or barbarous treatment endangering the life of the other spouse
- Indignities rendering the condition of the other spouse intolerable and life burdensome
- Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets
- Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome
- Willful failure to provide necessary subsistence according to one's means and condition so as to render the condition of the other spouse intolerable and life burdensome. N.C.G.S. § 50-16.1A.
How Is Alimony Determined?
There is no formula for determining alimony in North Carolina. Instead, the court will consider factors such as:
- The lifestyle during the marriage
- The needs of the recipient spouse
- The ability of the other spouse to pay
- The conduct of the parties during the marriage
- How long you were married
- The age of your children
- When the recipient spouse realistically could go back to work
- How many years before the recipient spouse reaches age 65
There are 16 factors the court may consider when determining alimony. Our lawyers will review these factors with you and determine which may apply in your case. Spousal support generally continues for half the number of years of your marriage.
For More Information About Spousal Support
For more information, or to schedule a consultation with our Charlotte spousal support attorneys, call 704-512-0619 or complete our contact form.
