In North Carolina, a dependent spouse can obtain financial support from a supporting spouse when the marriage ends. Spousal support can be ordered by a court or agreed to in a separation agreement or consent order. It may be awarded as a lump sum or on a continual basis. Contact an attorney at Gantt Family Law to determine whether you are entitled to an alimony award, if you may be required to pay spousal support, or if you would like to modify or terminate your payments.
TYPES OF SPOUSAL SUPPORT
There are two forms of spousal support in North Carolina:
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Post-Separation Support
Post-separation support is temporary rehabilitative support, attending to the immediate needs of a dependent spouse. It is similar to alimony; however, post-separation support is not intended to be permanent. -
Alimony
Alimony can range from several months to a lifetime award. North Carolina does not utilize a calculator to determine appropriate alimony payment, but instead lists 16 factors that the court may use in determining the amount and duration of an award:
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Marital misconduct of either spouse;
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Relative earnings and earning capacities of the spouses;
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Ages and the physical, mental, and emotional conditions of the spouses;
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Amount and sources of earned and unearned income of both spouses;
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Duration of the marriage;
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Contribution by one spouse to the education, training, or increased earning power of the other;
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Extent to which the earning power, expenses, or financial obligation of a spouse will be affected by reason of serving as the custodian of a minor child;
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Standard of living of the spouses established during the marriage;
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The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the dependent spouse to find employment to meet his or her reasonable economic needs;
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Relative assets and liabilities of the spouses and the relative debt service requirements of the spouses;
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Property brought to the marriage by either spouse;
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Contribution of a spouse as a homemaker;
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Relative needs of the spouses;
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Federal, state, and local tax ramifications of the award;
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Any other factor relating to the economic circumstances of the parties that the court finds just and proper;
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The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property.
If you are considering a divorce or separation from your spouse, alimony is something that may need to be addressed in your case. Our team at Gantt Family Law can help calculate what a fair support payment would be and fight for your best interests, whether through mediation and settlement or with litigation. Our divorce attorneys are ready to guide you through this process and weigh how these factors can impact your individual alimony award. Call (919) 987-2150 to discuss how we can protect your financial future.
Watch Richard's vlog entry about alimony.
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