In North Carolina, alimony is a court-ordered payment made periodically or all at once over a certain duration to support and maintain a spouse or former spouse during a divorce proceeding. The purpose behind it is often to assist financially dependent couples in gaining financial independence after a divorce. If you and your partner find it difficult to agree on alimony concerns, you will require the advice and support of a reputable and knowledgeable Charlotte alimony lawyer.
How Does Alimony Work in Charlotte?
Alimony is normally paid periodically as a fixed sum due each month. A court order may occasionally instruct one spouse to make a lump sum payment to the other spouse in the form of a property transfer or cash. Lump-sum alimony payments are for maintenance purposes, and they are irreversible. However, you can still request the court to modify or stop making regular alimony payments. This is only applicable if the original order states that the payment is modifiable. As a result of your spouse’s or your major life changes, you will need to employ an alimony lawyer to persuade the court that stopping or altering the payments is justified.
In North Carolina, there are two types of spousal support: alimony and post-separation support. If you intend to pursue post-separation support, you must indicate this in your first divorce paperwork. You will want court intervention if you and your spouse have trouble reaching a consensus on the matter.
It is worth noting that failure to request alimony during the divorce proceedings may lock you out from getting either post-separation support or alimony. Therefore, before any divorce proceedings, it is critical that you consult a Charlotte alimony attorney for guidance and assistance.
How the Court Determines Alimony in Charlotte
To receive alimony, a dependent spouse must demonstrate that they would be unable to maintain their standard of living without the other spouse’s financial support. According to North Carolina law, if the dependent partner committed adultery when the couple was married, they might not be eligible for assistance. However, the court would consider several aspects while making its conclusions if both partners committed adultery while married.
When deciding whether to award you alimony, a Charlotte court will consider a variety of factors, including:
- The duration of your marriage.
- Your marital status.
- If you are a custodial parent, in case minor kids are involved.
- You and your spouse’s age and condition, such as mental or physical.
- Marital misconduct
- What you and your partner earn, and capacities for income.
- Whether you or your spouse made a major educational or professional contribution to the other’s ability to earn money.
Following a thorough analysis of these factors, the court determines which eligible and independent spouse will receive alimony award in:
- Through withholding income
- Scheduled payments
- As a transfer of property, possession, or even title
As you can see, the factors listed above and some others are very important in determining whether the court will grant you alimony. As a result, you should consider getting legal advice from an alimony lawyer to increase your chances of receiving a sizable alimony award.
Can Marital Misconduct Play a Role in Alimony Proceedings?
Marital misconduct is one of the principal elements that the court considers when deciding whether to grant alimony. It may be key evidence in favor of or against alimony award eligibility. Marital indiscretion is defined by North Carolina law as any of the following behaviors committed by either partner during the marriage and up until or on the date of divorce:
- Intentionally failing to provide necessary subsistence.
- Illegal sexual actions like infidelity and adultery.
- Destroying, hiding, and wasting assets.
- Illegal eviction of a partner.
- Abuse of alcohol or drugs.
- Engaging in criminal activities led to the involuntary separation of the partners.
- Abandoning your spouse.
- Endangering the life of your partner or treating your partner cruelly.
- Misappropriation of your spouse’s income.
An alimony lawyer knows all the pertinent laws based on marital misconduct. They can thoroughly assess your circumstances and determine whether marital misconduct may impact your alimony proceedings.
How Is an Alimony Award Enforced in Charlotte?
If your former spouse fails to comply with alimony payments, you have the right to file a lawsuit to request enforcement of the alimony order. You will be required to file a complaint, and the court will set a proceeding to determine why your ex-partner is not adhering to the alimony order and the actions the court will take to enforce it.
Charlotte family courts utilize penalties and fines to enforce alimony payment orders. A judge may also demand that your ex-spouse provide backdated payments to compensate for the missed payment.
How Do You Know if You Need an Alimony Lawyer?
You may need an Charlotte alimony lawyer if you are in the process of a divorce or separation and your attorney lacks expertise in spousal support cases. Even though most divorce attorneys handle all aspects of the divorce process, it’s crucial to find out whether yours has additional expertise in spousal support. Not all divorce attorneys are competent with spousal support; thus, be sure to get one to increase your chances of getting a fair alimony award.
Contact the Experienced Charlotte Alimony Attorneys at King Law Today
We are all aware of how difficult and trying the divorce process can be. However, if you have reliable legal counsel by your side, they will provide sound advice and set you free from problems to avoid all the hassles and concerns. King Law is the place to visit if you have divorce and spousal support concerns. Our experts will gladly hear all of your worries and assist as necessary.
Our major goal is to represent your legal concerns as we ensure that all your interests are protected. All King Law offices are accessible to everyone who needs an alimony lawyer in North and South Carolina. Call us at (888) 748-5464, or (888) 748-KING, to get the attorney services you deserve. You can also fill out our contact form to schedule a case review.