At Waple & Houk, our Charlotte alimony lawyers understand the importance of financial security, especially during a North Carolina divorce, which can create significant turmoil for everyone involved.
This is especially true during divorces where one spouse has been financially dependent on the other throughout the marriage and needs time to establish their independence and economic stability going forward.
In many cases, that requires our Mecklenburg County alimony attorneys to review each marital factor that will allow our clients to pursue the financial support they are entitled to for the contributions they have made to the marriage.
If you are pursuing a divorce in North Carolina and are unsure what type of financial support you are eligible to pursue from your spouse, contact our skilled Charlotte alimony lawyers today for help.
How is Alimony Calculated During a North Carolina Divorce?
North Carolina divorce laws provide certain factors for the Court to use in determining whether a financially dependent spouse should receive alimony, the amount, and the duration.
Factors relating to alimony in Charlotte, North Carolina include:
- Ages of both spouses.
- Amount and sources of earned and unearned income of both spouses.
- Contributions by either spouse as a homemaker.
- Education and the time necessary for the supported spouse to acquire job training or employment to become self-supporting.
- Financial needs of both spouses.
- Income-earning abilities, even if they are not currently in use.
- Length of the marriage.
- Marital standard of living.
- Physical, mental, and emotional health of both spouses.
- Separate and marital debt obligations of each spouse.
- Separate property each spouse brought to the marriage.
- Whether one spouse contributed to the other’s education, training, or increased earning power.
- Any other factor relating to the economic circumstances of the parties that the court finds to be relevant for consideration.
The above factors can be difficult to understand and legal analysis of how each factor may or may not affect an award of alimony could be crucial for a financially dependent spouse. The Charlotte alimony attorneys at Waple & Houk have the experience to help determine if our client is a dependent spouse, if they are entitled to an award of alimony, or if they could be required to pay alimony.
We work with our clients to build quiet confidence to move forward and see a financial future for themselves and their families. Contact our experienced spousal support attorneys in Charlotte today to discuss your unique financial needs, so we can get started on your case.
At Waple & Houk, PLLC, our family law attorney in Charlotte, NC also focuses on the following practice areas:
- Adoption
- Child Custody
- Child Support
- Divorce
- Contested Divorce
- Property Division
- Uncontested Divorce
- LGBT Family Law
How Does Marital Misconduct Impact Alimony in North Carolina?
In North Carolina, marital misconduct is a relevant factor when determining whether alimony applies to the divorce proceedings.
Marital misconduct may include factors like abandonment, adultery, or the excessive use of alcohol or drugs that led to the marriage’s dissolution.
In many cases, if the higher-earning spouse is responsible for the marriage’s dissolution because of their misconduct, it often results in higher monthly alimony payments, a longer duration of payments, or both.
Conversely, if the lesser-earning spouse contributed to the divorce through marital misconduct, which could include having an affair, he or she may be barred from receiving spousal support altogether.
Contact Our Charlotte Family Law Attorneys at Waple & Houk Today
Spousal support in North Carolina is not always as straightforward as it may seem. To ensure your eligibility for alimony is outlined thoroughly during your North Carolina divorce, contact our experienced family law attorney in Charlotte today for help.
Call us today at (704) 954-8697 or contact us online to schedule a case review
Frequently Asked Questions for Our Alimony Attorney in Charlotte, North Carolina
The duration of alimony payments in North Carolina is determined by the couple in private or through negotiations with their attorneys, during mediation, or is ordered by the family court judge overseeing their cases. Alimony may be awarded temporarily to help one spouse get back on their feet, in a reimbursement capacity, designed to reimburse a spouse for contributions to the other spouse’s increased earnings, in a lump sum — in one payment or over time — or permanently. Alimony eligibility, the amount, and the duration are reviewed on a case-by-case basis.
Yes. If spouses cannot make divorce decisions, including alimony, in private, they can negotiate the terms of their divorce during mediation. However, North Carolina law only requires divorcing spouses to attend mediation before they can litigate child custody or property division cases inside the courtroom, not to solely decide alimony.
Yes. A North Carolina prenuptial agreement, which must be entered into voluntarily, can specifically waive a spouse’s rights to alimony, or detail how spousal support will be paid, including the amount and the duration of payments.
If one spouse is ordered to pay alimony in North Carolina, and does not make payments, the debt can be collected much like child support arrears. First, the failure to pay may result in a contempt of court charge. In addition, the spouse who was awarded the payment may pursue payment arrears in court or through wage garnishment.
