Experienced Spousal Support Attorney
In the State of North Carolina, when people separate it can be financially difficult. Dependent spouses are able to pursue claims for post-separation support and/or alimony.
Post-Separation support is temporary in nature, while alimony is typically longer in duration. Either party may move for post-separation support in North Carolina. The court can consider:
1. Financial needs of the parties;
2. Accustomed standard of living;
3. Employment income and recurring earnings;
4. Separate and martial debt service obligations;
5. Expenses reasonable necessary to support each of the parties; and,
6. Party’s respective legal obligations to support any other person.
Finally, the court may make an award of post-separation support if the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay.
Alimony can be awarded in cases where a court in North Carolina finds that the moving party has met the burden of proof. Alimony can be awarded for several years and possibly permanently. That Alimony can be awarded upon a finding a that a party is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors. The relevant factors include, but are not limited to:
1. The marital misconduct of either of the spouses;
2. The relative earnings and earning capacities of the spouses;
3. The ages and the physical, mental, and emotional conditions of the spouses;
4. The amount and sources of earned and unearned income of both spouses;
5. The duration of the marriage;
6. The extent to which the earning power of a spouse will be affected by reason of serving as the custodian of a minor child;
7. The standard of living;
8. The relative education; and
9. The relative assets and liabilities of the spouses;
Acts of marital misconduct can affect ones liability and/or eligibility for alimony. If the court finds that the dependent spouse participated in an act of illicit sexual behavior, during the marriage and prior to or on the date of separation, the court shall not award alimony. If the court finds that the supporting spouse participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse. Spouse may request a jury trial on the issue of marital misconduct.