| 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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