North Carolina law provides for alimony, or spousal support, to be paid on a periodic basis or in a lump sum from the "supporting spouse" to the "dependent spouse." The dependent spouse is either a husband or wife, who is substantially dependent upon the other spouse for maintenance or support.
By having a better understanding of the law and your rights and obligations, you will be able to make informed decisions that address your current and future needs. At The Jones Law Firm, we can help you negotiate alimony issues and payments as part of your divorce action. To schedule a free consultation to learn more about alimony in North Carolina, contact us today by calling 252-848-4421.
Post-separation support (spousal maintenance while waiting for an award of alimony) and alimony can be settled out of court by executing a separation agreement. The court may award alimony or post-separation in a lump sum, continuing payments or income withholding, or by transferring title of possession of personal property. In certain situations, bonds, mortgages, a deed of trust and any other means ordinarily used to secure an obligation for payment may also be ordered by the court.
North Carolina Spousal Support Attorney
Alimony is awarded after consideration of several pertinent factors, including:
- Duration of the marriage
- Accustomed standard of living
- Relative earnings and earning potential of the spouses
- Physical, mental, and emotional age and condition of each spouse
- Marital misconduct of a spouse
- The amount and sources of earned and unearned income of each spouse, including wages, dividends, medical, retirement, insurance and Social Security
- Assets and liabilities of the spouses
- Contribution of one spouse to the education, training or increased earning power of the other spouse
The supporting spouse's income at the time of the alimony trial is used as the basis for earnings. There are legal provisions to address a supporting spouse who attempts to avoid financial responsibility by refusing to find or accept employment, intentionally depressing income to a low figure, or by deliberately leaving employment to enter another business. The alimony decree is enforceable by North Carolina state law and provides for a number of remedies for relief, including arrest and bail, wage attachment and garnishment, and other civil and criminal contempt laws.
Throughout the alimony process, our lawyer will actively help you participate in settlement negotiations. Whether judicial intervention is needed or an agreement can be amicably reached by the parties, we will be by your side every step of the way.
Our firm accepts all major credit cards. We represent clients throughout North Carolina, including those in Greenville, Washington, Wilson, Rocky Mount and Greene County.