Alimony

In North Carolina, only married couples are eligible to make a claim for post-separation support or alimony. There is currently no North Carolina law that provides post-separation support or alimony to those in a domestic partnership, and North Carolina does not recognize a “common-law marriage” originating in North Carolina.

Claims for alimony are based on the economic needs of the parties and a spouse’s ability to pay alimony. To make or defend an alimony claim, various financial information and documents will be needed. Some counties in North Carolina also require the parties to fill out and file financial affidavits with the Court. 

In some cases, alimony is automatically awarded, but there are also cases where alimony is not allowed. There are many factors that determine whether a spouse is entitled to alimony, how much alimony they’re entitled to, and for how long. An experienced family law attorney can give you more information on your rights and the options available to you depending on the facts of your situation.

Alimony may be paid in periodic payments over time or in one lump sum. The payment(s) may be paid for a specific period of time, or they may have to be paid indefinitely. To learn more about alimony and what rights and options are available to you, contact an experienced family law attorney.

Generally speaking, a supporting spouse is the spouse that the other spouse depends on for maintenance and support. The dependent spouse is the spouse who depends on the other spouse for maintenance and support.

The issue of marital misconduct can be a significant issue in cases involving alimony claims. Marital misconduct refers to acts that occur during the marriage and prior to or on the date of separation such as: illicit sexual behavior, involuntary separation following a criminal act, 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, reckless spending of the income of either party, destruction or concealment of assets, excessive use of alcohol or drugs, adultery, and more. To learn more about your rights and options and whether marital misconduct is an issue in your case, contact an experienced family law attorney.