How Long Do You Have to Pay Alimony?
Most alimony in North Carolina, South Carolina, and Tennessee is tied to a specific type of support with…
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Spousal support or alimony is one of the most contested issues in divorce. Often, a separating couple who already struggled to balance a budget together is now confronted with managing two households and two sets of expenses with the same amount of, or sometimes less, income every month. Long after the division of property and child support payments end, spousal support can remain. In some instances, spousal support can be lifelong and end only upon the death of one of the parties. Spousal support is frequently one of the costliest aspects of divorce in North Carolina.
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If you are going through a divorce or separation, the North Carolina family law lawyers at King Law have the experience to help with any issues that may arise involving spousal support. We understand that the process of allocating, or receiving, expenses from an ex-spouse can be overwhelming. We have the knowledge and dedication to protect you and your rights throughout the entire legal process.
North Carolina protects spouses who are reliant on the income of the other spouse through alimony. State law has provisions designed to allow alimony payments to start even before the trial ends. The aim of spousal support is to enable a spouse who may have sacrificed their career to raise a family or be a homemaker to continue living at the same standard established while married. The following explains how spousal support affects both parties.
The dependent spouse may have given up a career or educational possibilities to raise children. Despite their best efforts, the dependent spouse may not ever achieve the same earning potential as they would have before the marriage began. In these instances, spousal support is essentially a lifeline for the dependent spouse.
At the opposite end of the spectrum, the supporting spouse may find spousal support a burdensome obligation to accept. In many instances, the supporting spouse pays alimony to the dependent spouse for years after the marriage has legally ended. In North Carolina, it’s not uncommon for the dependent spouse to have no obligation to find employment or make a living. That can be a contentious point for the supporting spouse, who may feel that it is only reasonable that the other spouse tries to provide for themselves.
Due to these conflicting views, spousal support can be one of the most combative facets of divorce in North Carolina. Consequently, it is highly recommended that you retain a knowledgeable family law attorney to guide you through the divorce process, irrespective of whether you’re the supporting or dependent spouse.
In contrast to child support, North Carolina laws do not provide a formula for calculating spousal support. Further, there is no legal limit on spousal support based upon how long the marriage lasted. As a result, spousal support payments can differ considerably between one divorce case and the next. In North Carolina, alimony is governed by § 50-16.3A, which provides a basis for the amount, duration, and manner of spousal support to be paid. Under this law, the court should consider the following relevant factors:
While these legal factors provide a court a basis on whether to award or deny alimony, there are no specific regulations regarding the amount and duration of spousal support payments. For instance, if a marriage lasted less than a year, the court may consider that fact to deny spousal support or make the duration of payments relatively short. Nevertheless, it is not legally required for the court to base its ruling on this reason.
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Whether you’re a dependent or supporting spouse going through a separation or divorce in North Carolina, our seasoned family law attorneys can help you navigate spousal support. Our legal professionals can help you negotiate a resolution to a spousal support claim or, if needed, prepare your case for trial.
At King Law, our family law firm has some of the most successful litigation in our area regarding spousal support and alimony. Our attorneys have advocated for countless clients in their divorce proceedings regarding spousal support, with a focus on detailed arguments tailored for your specific situation and North Carolina’s court system.
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