NC Alimony Attorneys
The terms alimony and post-separation support typically refer to money that one spouse pays to another spouse once they separate and/or divorce. This financial support may be something that is paid for months, years, or indefinitely. It is meant to help ensure that all parties are able to meet their reasonable needs during the separation period and after they are divorced.
The family law attorneys at McNeil Law Firm help clients with various alimony and post-separation support situations including:
Making a claim for post-separation support and alimony
Defending against claims for post-separation support and alimony
Reducing or eliminating alimony once an alimony order has been entered by the Court
Increasing alimony once an alimony order has been entered by the Court
Our clients also often have many other questions related to alimony. To help, we put together the below list of some commonly asked questions. If you need post-separation support and alimony from your spouse, or you spouse has made a claim that he or she needs alimony, give us a call today to schedule a confidential consultation with one of our family law attorneys.
Frequently Asked Questions
I WAS NOT MARRIED, BUT I WAS IN A DOMESTIC PARTNERSHIP IN NORTH CAROLINA. CAN I MAKE A CLAIM FOR ALIMONY? In North Carolina, only married couples are eligible to make a claim fro post-separation support or alimony. There is currently no North Carolina law that provides post-separation support or alimony to those in a domestic partnership, and North Carolina does not recognize a "common-law marriage" originating in North Carolina.
IS ALIMONY PAID IN PAYMENTS OVER TIME, OR IS IT PAID IN ONE LUMP SUM? Alimony may be paid in periodic payments over time or in one lump sum. The payment(s) may be paid for a specific period of time, or they may have to be paid indefinintely. To learn more about alimony and what rights and options are available to you, contact an experienced family law attorney.
HOW IS THE AMOUNT OF ALIMONY DETERMINED? Claims for alimony are based on the economic needs of the parties and a spouse's ability to pay alimony. To make or defend an alimony claim, various financial information and documents will be needed. Some counties in North Carolina also require the parties to fill out and file financial affidavits with the Court.
WHAT DO THE TERMS "SUPPORTING SPOUSE" AND "DEPENDENT SPOUSE" MEAN? Generally speaking, a supporting spouse is the spouse that the other spouse depends on for maintenance and support. The dependent spouse is the spouse who depends on the other spouse for maintenance and support.
IS ALIMONY AUTOMATICALLY AWARDED? In some cases, alimony is automatically awarded, but there are cases where alimony is not allowed. There are many factors that determine whether a spouse is entitled to alimony, how much alimony they're entitled to, and for how long. An experienced family law attorney can give you more information on your rights and the options available to you depending on the facts of your situation.
DOES MARIAL MISCONDUCT AFFECT ALIMONY CLAIMS? The issue of marital misconduct can be a significant issue in cases involving alimony claims. Marital misconduct refers to acts that occur during the marriage and prior to or on the date of separation such as: illicit sexual behavrio, involuntary separation following a criminal act, abandonment of the other spouse, malicious turning out-of-doors of the other spouse, cruel or barbarous treatment endangering the life of the other spouse, reckless spending of the income of either party, destruction or concealment of assets, excessive use of alcohol or drugs, adultery, and more. To learn more about your rights and options and whether marital misconduct is an issue in your case, contact an experienced family law attorney.
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