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Angela Haas
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Haas McNeil & Associates, P.A.

3200 Wake Forest Road
Suite 240
Raleigh, NC 27609
PH: 919-783-9669 
FAX: 919-783-7235 
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FAQs
Alimony & Post-Separation Support

What is alimony?
Alimony, or spousal support, is designed to provide the lower-income spouse with money for living expenses. This support is over and above the money provided by child support. Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it.

When do I need to file for spousal support?
Alimony, or spousal support, should be filed for before a divorce is granted. Failure to bring an alimony claim before entry of a divorce judgment will prevent the spouse the right to bring a claim for alimony after. According to North Carolina law, “a judgment of absolute divorce obtained by the dependent spouse in an action initiated by him or her eliminates that spouse's right to alimony unless a claim for alimony has been asserted and left pending prior to the judgment, either in that action or an earlier action.”

How do I know if I qualify for alimony?
The general rule is that a spouse is dependent when he or she makes less money than the other spouse. Technically, a dependent spouse is a spouse, whether husband or wife, who is substantially dependent upon the other spouse for his or her maintenance and support, or who is substantially in need of maintenance and support from the other spouse. A supporting spouse pays alimony to a dependent spouse when the court deems it necessary after considering statutory factors.

Are there different types of alimony?
There are three types of alimony, including:

  • Permanent alimony - a type of alimony awarded after divorce. Permanent alimony consists of regular payments that may change in amount or end if the receiving party remarries.
  • Temporary alimony - a type of alimony awarded pending a divorce or separation. Temporary alimony consists of payments that include enough money to afford the lawsuit and money to take care of needs until permanent alimony can be established.
  • Lump sum alimony - also known as alimony in gross. Some states allow lump sum alimony payments that permit spouses to pay their alimony all at once.

How much alimony will I receive?
The amount of alimony you receive varies. The amount of temporary alimony is decided on the standard of living existing during the marriage. The amount of permanent alimony is decided based on the dependent spouse’s needs and the other spouse's ability to pay.

Can I get spousal support?
In North Carolina, if you can show that you are a dependent spouse and that your spouse is a supporting spouse, the court may award spousal support. Once that initial determination is made, the court may consider other factors that include but are not limited to the marital misconduct of either of the parties, the duration of the marriage, the relative earnings and earning capacities of the parties, the ages and physical, mental and emotional conditions of the spouses.

 


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