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Understanding Whether You Are Entitled to Alimony and How to Ask for Financial Support
One of the most significant adjustments people face during and after divorce is the financial repercussions. Transitioning to supporting the household with one income instead of two or figuring out how to re-enter the workforce while still caring for minor children are significant challenges. In many cases, this also means that the standard of living the parties and their children have been accustomed to will take a big hit. One way to soften the financial blow as a dependent spouse is to request alimony payments as part of the divorce filing. An attorney can walk you through the following steps to understand if this is an option for you.
Determine Eligibility Under North Carolina Law
North Carolina has specific rules for determining whether someone is eligible to receive alimony. Generally, the party requesting the alimony must meet the criteria of a “dependent spouse,” meaning that the other party has been financially supporting them. The court must also determine whether granting alimony is “equitable” considering the larger circumstances, which are discussed more below. However, the court must also determine if either party engaged in “illicit sexual behavior” during the marriage.
If the dependent spouse engaged in such behavior, they are not eligible for alimony. If the supporting spouse engaged in the behavior, the court will grant alimony. If it’s found that both parties engaged in illicit sexual behavior during the marriage, this is no longer a factor, and the court can award or deny alimony based on the rest of the circumstances.
If you’re unsure whether you meet the definition of a dependent spouse, an attorney can help you determine if you can request alimony payments. They can also help you understand if and how the question of illicit sexual behavior during the marriage applies.
Understand What Factors Impact Whether Alimony Is Awarded
The North Carolina Statutes list 15 specific criteria that can affect the duration and amount of alimony. These include:
- Evidence of marital misconduct
- Income and earning potential of both parties
- Parties’ ages and their physical, emotional, and mental conditions
- Sources of income
- How long the parties were married
- Whether one spouse contributed to the other’s increased earning power
- If either party will continue to serve as the primary caretaker for minor children
- Standard of living during the marriage
- Education level
- Assets and liabilities of both parties
- Separate property held before the marriage
- Whether one spouse contributed to the marriage in the role of homemaker
- Relative needs of both spouses
- How alimony will affect taxes for both parties
- Whether income was already used in determining an equitable division of the assets
The court also has the authority to consider “any other factor relating to the economic circumstances” that it feels is “just and proper.” This gives the judge a great deal of leeway when deciding how much alimony payments should be and for how long the payments should continue.
Take a Financial Inventory
To get a better understanding of whether you could request alimony payments, you’ll need to know your entire financial situation. It’s not uncommon for the dependent spouse to be unaware of some assets and debts. It can be helpful to get documentation that shows both parties’ incomes and normal expenses, as well as the assets and debts. This can help show that one spouse was clearly financially dependent on the other. If you made nonfinancial contributions to the family, such as being a homemaker or providing care for the children, an attorney can help you determine how those contributions can be valued to show you’re entitled to alimony.
Speak to a North Carolina Divorce Attorney
Every divorce case is different, and there are a wide variety of factors that can determine if alimony is awarded and how much you may be able to get. To ensure that you have a realistic idea of what to expect, it’s important to discuss your situation with an experienced North Carolina divorce attorney. Attorney Jana K. Jones can review your information and explain whether alimony may be an option and how to approach your case. For example, if there are allegations of marital misconduct, an attorney can help you understand what evidence can help you prove or disprove those allegations and how it may affect the alimony order.
File for Alimony
Once you’ve worked with an attorney to determine whether you may be eligible for alimony payments and are ready to proceed, the next step is for the attorney to make the official filing. An alimony request must be made either at the beginning of the divorce in the original filing or at some point while the divorce is in process. You cannot request alimony after the divorce has been finalized.
Prepare for All Possible Outcomes
Remember that judges have a great deal of discretion when it comes to whether they will award or deny alimony, so it’s essential to be prepared for all possible outcomes.
You may have the option of trying to settle the question of alimony through mediation, or the case may need to proceed to trial to have the judge make the final decision. It’s also a good idea to have a financial backup plan in place in case your request for alimony is rejected.
If you have questions about the divorce process in North Carolina, including when alimony applies, contact the Law Office of Jana K. Jones, PLLC, at 704-275-0951to learn more.
