Alimony & Support

Alimony & Support Topics

• Am I A Dependant Or Supporting Spouse?
• How Does The Court Decide?
• Does Marital Misconduct Or Fault Play A Factor?
• How Do I Modify Alimony?
• What Are The Factors A Court May Consider In Determining Alimony?
• What Is The Difference Between Post Separation Support & Alimony In North Carolina?
• When Does Alimony End?

In North Carolina, Post Separation Support and Alimony is awarded to a spouse who can prove they were dependant upon the support of the other and it is necessary to continue the support to continue the standard of living that the dependant spouse was accustomed to during the course of the marriage. However, the supporting spouse must still possess the ability to pay and a judge cannot order an amount to be paid that is above and beyond the supporting spouses net income after expenses.

Post Separation Support, by its very name, is support for a dependant spouse during a time of Separation. Alimony, is in the form of payments to assist a dependant spouse after separation and Divorce.

In Charlotte-Mecklenburg and surrounding counties, Post Separation Support is awarded after a brief one to two hour hearing, and the issue of Alimony is heard much later, only after mandatory Alternative Dispute Resolution in the form of Mediation or a Judicial Settlement Conference.

To determine eligibility for Postseparation support and Alimony in North Carolina, a spouse must show that:

• He or she is the “dependant spouse” upon that of other;
• The other spouse is the “supporting spouse,” which has supported the dependant spouse during the coarse of the marriage;
• The income and the accustomed standard of living for the dependant spouse, whether or not the spouse who is dependant lacks resources adequate to meet his or her reasonable needs; and
• Whether or not the supporting spouse has the ability to pay

If you are considering separating from your spouse Contact the Charlotte Law Offices of David Sheehan to speak with a Family Law Attorney at (704) 222-4752.