Alimony in divorce

Alimony in divorce is support paid by one spouse to the other spouse. Alimony payments generally begin after the divorce. North Carolina law allows financial payments from one spouse to the other spouse following separation until the time of divorce. This is called Post Separation Support. The spouse capable of providing support and financial assistance is the supporting spouse. The dependent spouse is dependent on the other spouse for financial assistance and support. Either the Husband or Wife may be a dependent or supporting spouse.

Alimony in divorce may be awarded if a Judge determines a spouse needs financial support. The other spouse must have the means to provide financial support. North Carolina has no guidelines or provisions to determine the amount of payment. When reviewing the facts of each case and the incomes and expenses of each spouse, a Judge decides how much alimony is to be paid and for how long. North Carolina law does not have guidelines or provisions as to how long payments will last. The length of payments is determined by the Judge on a case-by-case basis.

Several factors are considered by a Judge when awarding alimony in divorce. Among the factors considered are the incomes, expenses, education and health of each spouse. Other factors considered by the Court are the length of the marriage, property owned by each spouse, economic contributions during the marriage and marital misconduct by either spouse.

North Carolina law provides that illicit sexual behavior during the marriage is a consideration when determining an award of alimony. A dependent spouse who cheats on the other spouse during the marriage loses the right to receive this payment. A supporting spouse cheating on their spouse during the marriage may be required to pay alimony. If both spouses cheated during the marriage, a Judge has discretion whether to award alimony. When one spouse committed adultery and the other spouse knows about it and continues the marital relationship, this is considered as condonation. If condonation occurs by the dependent spouse, they may lose the right to receive alimony.

In addition to illicit sexual behavior, there are other types of marital misconduct the Court considers when deciding whether to award alimony. Other kinds of marital misconduct are abandonment, cruelty, substance abuse, economic waste or any other factors determined to be proper by the Court.

The duration or length of payments are determined either by agreement of the parties or by the Judge. By law, several events automatically terminate alimony payments. Death of either spouse automatically ends alimony payments. Other occurrences automatically terminating alimony are remarriage of the alimony recipient or if they have a live in relationship with another person conducting themselves as if they were married.

The spouse paying alimony are allowed to deduct all payments made on their federal tax return. The recipient of alimony is required to report as income alimony payments.   If you are seeking alimony from your spouse, please contact the Law Office of Stephen E. Robertson. Our skilled and experienced attorneys will guide you through the process. We offer 15 minutes free phone consultation with our experienced Divorce lawyers in Greensboro, NC at link or call us at 336-370-6760.