Alimony and Spousal Support
Family law encompasses many different areas, many of them financial in nature. Along with child support, many individuals will find themselves required to pay alimony to their former spouse once a divorce has been finalized by a family court.
There is no set guideline in North Carolina for determining how much or how long alimony is to be paid by one party to the other. If not resolved in negotiation, judges hold wide discretion in determining the amount and duration of spousal support.
In North Carolina, there are a number of factors used to determine the duration and amount of alimony paid by one spouse to another, either in negotiation or by a judge in the family law courts, including:
· length of marriage
· reasonable needs and expenses of both parties
· health of one or both spouses
· the incomes of each party
· each party’s ability to earn income
Proof of adultery prior to separation is a bar to alimony. The entry of a divorce judgment will adversely affect a claim for alimony that is not pending or resolved at the time of the judgment’s entry.
As a leading family law attorney in Charlotte, Jim Warren has unmatched experience in evaluating, mediating, and litigating cases where determination of equitable distribution is complex. Our deep knowledge of family law, combined with our aggressive client representation, brings peace of mind that allows our clients to work toward getting the support to which they are entitled or limiting their exposure to the amount and duration of alimony payments.
No matter your situation, the people of Warren Family Law will work tirelessly to protect your interests and see that the resolution of alimony meets your needs. If you want the wisdom that can only come from representing clients in family law matters for more than 30 years, reach out to Warren Family Law and attorney Jim Warren today.
how is alimony determined?
Under Statute 50-16.3A the courts shall be awarded alimony to the dependent spouse upon finding that the other spouse is the supporter and that the award of alimony is equitable after considering certain factors.
What determines the amount and duration of the alimony to the dependent spouse?
While many factors determine the amount and duration of alimony, some include: marital misconduct, relative earnings, amount and sources of earned and unearned income, duration of marriage, and the relative needs of spouses.