Divorce does not necessitate spousal support. It has to be requested by one or both of the spouses. Without a prenuptial agreement, it is often necessary to negotiate or litigate the issue. We’re prepared to help if you are seeking or challenging alimony.  You can expect sound legal advice and effective, aggressive representation. Your goal is our goal.

NC Alimony Facts

alimony | durham divorce attorneyNorth Carolina law provides two  flavors of spousal support: post-separation support and alimony. Post-separation support, also known as temporary alimony, may be ordered to be paid while the divorce is pending. Post-separation support is likely to be granted when the requesting spouse lacks the financial resources to meet his or her needs, and the supporting spouse has the ability to pay the requested support. The primary factors used in determining post-separation support include the standard of living established during the marriage and  the financial needs of each spouse.

Payments can be structure many ways. It could be a lump sum or in periodic payments for either a specified length of time or indefinitely. Alimony which is awarded indefinitely will nevertheless terminate if the dependent spouse dies, remarries or cohabitation with another.

The court looks at a number of different factors, such as the following:

  • Marital misconduct
  • Income and earning capacity
  • Length of the marriage
  • Age and health
  • Contributions to education or career during the marriage
  • Contributions as a homemaker
  • Standard of living established during the marriage
  • Time needed for a dependent spouse to acquire sufficient education or job training to become self-supporting
  • The tax consequences of an alimony award

Alimony and Cheating

North Carolina law states that alimony shall not be awarded if the dependent spouse participated in an act of illicit sexual behavior, but that the court shall award it if the supporting spouse engaged in illicit sexual behavior. If both parties engaged in illicit sexual behavior, then the court has discretion whether to award or deny the request.

Ours is not to judge. Ours is to represent you to the best of our abilities. We’ll listen carefully and confirm we understand your situation and the outcome you want. We’ll explain your legal situation and options. We’ll be able to let you know the likely outcomes of each option. In the end, it is your decision. We’ll make make sure you can make an educated one. Whatever you decide, we’ll support you from start to finish.

Contact us to discuss you situation and your options.