Alimony

Alimony Attorney in Charlotte, NC

Assisting Clients with Their Alimony Needs

In North Carolina, spousal support, also known as post-separation support or alimony, can be awarded to either party in a divorce. This support may be in the form of periodic payments (usually monthly) or a lump sum, and it can be ordered for a limited or extended period, depending on the circumstances.

For a spouse to receive alimony, the Court must establish that:

  • The spouse seeking alimony is financially dependent on the other spouse’s income.
  • The spouse from whom alimony is sought has the financial ability to provide support.
  • The alimony award is fair and equitable, considering the factors outlined in the statute.
  • There was no disqualifying misconduct, such as illicit sexual behavior by the dependent spouse before separation.

The Law Office of Jana K. Jones, PLLC, is dedicated to handling alimony cases in Charlotte and surrounding cities in Mecklenburg County, North Carolina. We provide comprehensive legal representation for clients seeking alimony or defending against alimony claims. Do you need to ask a Charlotte alimony lawyer a question about your divorce proceedings and alimony? Call 704-275-0951 for your consultation today.

What is Post-Separation Support (PSS)?

Post-separation support (PSS), not to be confused with alimony, a different type of more long-term spousal support, is temporary financial support provided to a dependent spouse after the separation but before a final alimony determination is made by the Court or through a settlement agreement. PSS is sometimes referred to as “temporary alimony.”

Post-separation support may be awarded to help a dependent spouse meet their immediate financial needs during the separation period. The family court will consider many factors when considering whether or not to award PSS. Post-separation support is not intended for long-term support. It is generally limited to the separation period before a divorce is finalized.

Separation Period

North Carolina law requires a separation period of at least one year before you can file for an absolute divorce. What is required to satisfy this one-year separation period?

  • You and your spouse must live separately in different residences for 12 consecutive months.
  • At least one spouse must intend for the separation to be permanent.
  • Brief attempts at reconciliation do not restart the separation period.
  • Cohabitation will restart the separation period.

When is Post-Separation Support Usually Awarded?

In North Carolina, PSS is typically awarded soon after the separation and lasts as long as divorce proceedings take. This is a short-term financial assistance to a dependent spouse so they can maintain the standard of living they are used to during the separation period.

PSS is awarded until alimony payments are decided or the divorce is finalized. It is most commonly awarded at the beginning of a divorce case or when a dependent spouse files a motion for temporary financial support. It should be used to maintain basic needs like housing, food, and medical expenses.

Do You Need an Attorney for a PSS Hearing?

You should speak with an experienced family law attorney as soon as divorce is on the table and your separation is certain. Your attorney can help you with not only your divorce proceedings but also during PSS hearings, alimony decisions, child support, and custody cases. During PSS hearings, your attorney can help you

  • Determine the best legal strategy
  • Collect financial evidence, like income reports, expenses, and proof of dependency
  • Negotiate terms outside of court using negotiation leverage
  • Ensure you meet all deadlines and accurately fill out the proper documents

You may think PSS has a low impact on the paying spouse because it is temporary, but the outcome of a PSS hearing can influence the tone and direction of your divorce case. Being prepared is the best way to protect yourself. Call the Law Office of Jana K. Jones, PLLC, at 704-275-0951 for your consultation.

What is Alimony?

Alimony, also known as spousal support or maintenance, is a court-ordered payment from one spouse to the other after a divorce. This long-term arrangement is intended to help the financially dependent spouse maintain a standard of living similar to that of their marriage. Popular media makes it seem like alimony payments are only ever awarded to the former wife of a marriage. That’s not true; alimony can be awarded to either spouse, regardless of gender.

How is Alimony Determined?

Determining alimony in North Carolina involves a careful examination of various factors by family law courts. These factors include:

  • Duration of the marriage.
  • Each spouse’s earning potential and gross monthly income.
  • The mental and emotional well-being of each spouse.
  • Age, health, and financial needs.
  • History of domestic violence during the marriage.
  • Illicit sexual behavior before the separation.
  • Standard of living during the marriage.
  • Tax implications of alimony payments.

How Long Do Alimony Obligations Last?

Alimony does not have a fixed duration. Its duration depends on the specific facts of the case. Many of the same conditions that were considered when determining alimony will be examined to determine the length of time alimony will be paid.

Temporary Alimony

This is another name for post-separation support.

Long-Term Alimony

Alimony is a long-term financial support order after divorce. When long-term alimony is ordered, PSS payments will end. These payments are most often ordered when one spouse cannot become self-supporting after the divorce.

Alimony is ordered after the divorce is finalized or as part of the divorce judgment, depending on the specific circumstances of the case. Alimony obligations can be set for a specific number of years or indefinitely. Whether temporary, permanent, or indefinite, an alimony order will end if the receiving spouse remarries or cohabitates with another person or if either party involved dies. North Carolina is one of the last states that awards permanent alimony.

Timing of Alimony Payments

If you are ordered to pay alimony, payments typically start immediately. Payment frequency varies, with the most common being monthly installments. Lump-sum alimony is a one-time payment made to the dependent spouse and serves as a clean financial break from the marriage.

Can You Have an Alimony Order Modified or Cancelled?

In North Carolina, an alimony order can be modified or canceled, but only under certain conditions. Either party can request a change if there has been a substantial change in circumstances. This can be due to a job loss, a significant income increase or decrease, health issues, or changes in financial needs.

Alimony automatically ends if the receiving spouse remarries, the receiving spouse cohabitates in a romantic relationship, or either spouse dies.

If you have been ordered to pay alimony, you can’t change the amount or stop paying it without court approval.

Do you suspect your ex is living with or in a romantic relationship with another person? Are you struggling to survive while you pay alimony? Is your former spouse earning more income, and do you think payments should be changed or canceled? An experienced family law attorney can help you collect evidence and file a motion to modify or terminate the alimony order.

What is Marital Misconduct?

Marital misconduct in North Carolina refers to the wrongful or harmful conduct of one spouse toward the other spouse during their marriage. It can affect spousal support decisions, especially whether alimony is granted or not.

Under North Carolina law, marital misconduct includes:

  • Adultery
  • Abandonment or removing the other spouse from the home
  • Cruel or abusive behavior
  • Reckless spending and use of marital assets
  • Excessive use of alcohol or harmful drugs that affects the health of the marriage
  • Rendering life intolerable through ongoing humiliation or disrespect
  • False accusation of adultery, abuse, or other misconduct
  • Willfully failing to provide the necessary support to the family

This type of misconduct by the dependent spouse before separation often directly impacts the odds of alimony being awarded or denied. On the other hand, if the supporting spouse is guilty of the above before separation, alimony is almost guaranteed. Furthermore, the supporting spouse may even have more substantial payments ordered and for a longer period of time.

If your marriage ended because of the above and you know your ex will likely ask for alimony, speak with an alimony attorney so you can start building your case immediately.

What Does an Alimony Attorney Do?

Alimony is a matter of negotiation, behavior, and evidence. An experienced attorney will help you investigate your unique circumstances, determine whether or not you should petition for alimony payments, and build a strong case to defend against unfair alimony orders.

Your alimony attorney will be able to advise you on the impact of marital misconduct during your divorce and alimony proceedings. They will provide you with an in-depth understanding of the process, the resources available to you, and the eligibility of both your and your former spouse for spousal support payments.

Is it time to have your alimony order modified or canceled? You will need evidence to support your claim, and showing up to court unprepared will all but guarantee your hearing won’t go how you want it to.

Has your ex been ordered to make spousal support payments to you, and have they consistently missed payments or failed to pay altogether? A Charlotte alimony lawyer will fight to enforce unpaid alimony.

Do You Need a Charlotte Alimony Lawyer?

We understand the complexities of alimony laws and work diligently to protect our client’s rights and interests. We provide compassionate and strategic legal assistance throughout the alimony process, including negotiating agreements, representing clients in court, and advocating for fair alimony outcomes.

You can just about guarantee your soon-to-be ex has spoken with a lawyer. Whether they are seeking PSS or permanent alimony, you can bet on them showing up prepared. If you show up unprepared, you could face financial consequences and set the tone for the rest of the divorce proceedings. You don’t have to wait until you have a hearing date to speak with an alimony attorney.

If you’re facing alimony-related issues in North Carolina, contact the Law Office of Jana K. Jones, PLLC, today for personalized legal guidance and representation. Call 704-275-0951 to speak with an alimony lawyer today.