So, the idea behind alimony is to let both spouses walk away from the marriage on equal footing while they figure out a path forward.
How long alimony lasts usually depends on the length of the marriage. One spouse gave up their career at the start of the marriage to provide childcare and daily household duties, and that spouse never resumed their career. In that case, the spouse who made the sacrifice gave up a huge amount of potential earnings and career advancement for the good of the family. It will take a long time to compensate that spouse for those sacrifices, so alimony payments in a case like this could go on for many years or might even last indefinitely.
I know it takes a lot to put together a case. After the first time meeting with you, you remembered our information, barely referring to your notes and continued to do so.
You were generous with your thoughts and ideas as to how we could get what we were hoping for and it's so appreciated. We couldn't have gotten the verdict yesterday without you It really does make a difference that you seem to care. Myers Law Firm met with me, handled my case and would not back down from insurance company. Even when they had to file suit to protect me for my personal injury and property damage.
I received a very fair settlement. Myers I appreciate you and your staff. Lee-Thanks to you and Bessie for all of your help last year and most recently with the referral. I sold the house and the kids and I moved 8 days before Christmas. To receive alimony, you need to file a request with the court. The court will then determine which spouse is dependent and who is the supporting spouse.
The court will base the amount of alimony on what it considers equitable, or fair, given the financial needs of each spouse. These are post-separation support and alimony. North Carolina has a one-year mandatory separation period for couples who want to file for divorce.
A financially dependent spouse may request post-separation support to help get through this period. Post-separation support generally terminates after a time determined by the Court or when alimony gets awarded or denied. Alimony gets awarded after the parties have settled or had a trial on the equitable distribution of their property. The court will decide how much is paid and for how long.
Alimony is Separate from Child Support. Child support payments go to the spouse with primary custody of the children.
In some cases, the parent with primary custody is also the dependent spouse. However, child support does not consider the financial needs of the dependent spouse. The dependent spouse would receive alimony above and beyond the child support.
Since the issues of child support and alimony are separate, it is also possible for a dependent spouse to receive alimony and still pay child support.
Many states have gotten away from awarding alimony for an indefinite period. While North Carolina does still award permanent alimony, it is slowly moving away from this practice.
Now that women are a vital part of the workforce, permanent alimony is not as necessary. If not, the next step for the judge is to verify that the other spouse can afford to pay. The court will then consider the following factors when deciding the amount of post-separation support:. Before the court awards post-separation support, it will also consider whether either spouse committed marital misconduct during the marriage or before the couple's separation date.
If so, the misconduct may impact the amount of post-separation support or whether the court will award it at all. Before a judge determines whether alimony is appropriate, the court will first investigate whether either spouse committed "illicit sexual behavior" during the marriage or before the couple's separation date. If the dependent spouse is guilty of these acts, the court will deny alimony, even if there's a financial need. If the supporting spouse participated in illicit sexual acts, the court will automatically award alimony.
If both spouses are guilty, the court will determine whether alimony is appropriate and, if so, how much the supporting spouse will pay. If there are no illicit sexual acts, or if both spouses are guilty, the court will evaluate the following factors to determine the amount, duration, and payment method for alimony:. Once the court evaluates all the above-listed factors, it will decide the amount, duration, and payment method if any for alimony. There's no formula for alimony, and judges have broad discretion when deciding the final award.
However, the law requires the judge to list the reasons for a denial or award of alimony and reasons for the amount and duration. Once the court decides the amount and duration of alimony, there are different payment methods available to the spouses. Supporting spouses can pay in one lump sum, in monthly or quarterly periodic payments, an income withholding order, or even through a transfer of property.
If you fail to pay alimony, the court may order you to pay fines, fees, or order you to spend time in jail. If you're a recipient of alimony and not receiving payment , you can file a formal request for enforcement with the court.
Unless the supporting spouse pays in one lump sum, most alimony orders terminate on the date ordered by the judge or at the time the recipient meets the court's requirements for financial independence.
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