If you’re amid a divorce or separation proceeding, you may wonder, “How is alimony calculated in NC?” Alimony or spousal maintenance exists to help a spouse support themselves after going from married to single life. Sometimes, these payments may go on for years or indefinitely.
Other times, they may provide lump sum reimbursement or short-term support. Courts examine the factors present in a specific case to decide if alimony is appropriate and, if so, how much it should be.
At Remington & Dixon, our spousal support attorney helps people fight for their rights to receive a fair maintenance award after a divorce.
Our team also has the tools and resources to request to modify or terminate an existing alimony order. We leverage our negotiation and interpersonal skills to help reach amicable and practical solutions for our clients.
How Does Alimony Work in North Carolina?
In terms of alimony, North Carolina law allows someone to receive it if they meet the definition of a dependent spouse. The Court looks at the specific situation in that case when deciding whether to award alimony. In other words, there isn’t a default presumption that, for example, a wife is automatically entitled to or needs alimony.
Alimony can be temporary or permanent, and the amount of it depends on the unique circumstances. Temporary alimony might be beneficial if the spouse needs short-term support as they reestablish themselves. Permanent alimony, in contrast, might make sense if the recipient doesn’t know when they’d be able to support themselves.
Likewise, the court may award a lump sum alimony payment or have periodic payments on a set schedule. Lump sum awards may be appropriate to reimburse the spouse for something, such as defending themselves in a dissolution of marriage proceedings. On the other hand, periodic payments might be available if the paying spouse can’t afford these right away or if they’re providing long-term financial support to the recipient.
Types of Alimony in North Carolina: Temporary vs. Permanent
There are two main types of alimony in North Carolina: temporary and permanent. Temporary alimony is something the person receives on a short-term basis. This might be a lump sum payment or continue for a specified number of months or years after the divorce. In contrast, permanent alimony is long-term and may last until the spouse remarries or passes away.
Temporary alimony
Someone receives temporary alimony, also known as postseparation support, for a short or predetermined amount of time after the separation. It may be available to help the spouse transition from a two-income to a single-income household. Postseparation support may involve reimbursing the spouse for things like attorney’s fees or other costs associated with the divorce.
Permanent alimony
Permanent alimony provides long-term support to a spouse who needs it. This type of extended financial award may make sense if, for example, the spouse doesn’t have the earning power to support themselves due to age, a physical impairment, or another reason.
Permanent alimony may last indefinitely, until a set date, or until an event occurs. For example, a triggering event might be the spouse remarrying or passing away.
Factors That Impact Alimony in North Carolina
Discussing how alimony works in North Carolina would not be complete without reviewing what might guide the court’s reasoning. Factors the court might look at to decide if alimony is appropriate include the following:
- Whether one spouse cheated, and, if so, whether the other spouse condoned it
- The length of the marriage
- The ability of each spouse to support themselves
- The contributions of each spouse to the marriage, including child-rearing
- The lifestyle the spouses enjoyed during the marriage
- The debts and assets of each spouse
Additionally, the court may consider whether one of the parents will look after minor children and how this might impact their ability to earn more money. The court decides what alimony amount is appropriate based on these factors and other variables that it thinks are important and would bring about a fair outcome.
Modifying or Terminating Alimony
North Carolina law allows the spouses to modify an alimony amount if there is a substantial change in circumstances. For example, the paying spouse may lose their job and be unable to keep up with payments. Or, the alimony recipient may get a higher-paying job, making the financial support unnecessary.
A spousal support agreement may also end at the termination date provided in the original order. For example, if the paying spouse agrees to send a check each month for three years, this obligation may end when those three years are up. An exception might be if somebody files a motion to modify this arrangement before it ends.
Additionally, the court may automatically terminate the arrangement if the spouse receiving maintenance remarries or starts cohabitating with someone with whom they are in a committed romantic relationship. Moreover, maintenance payment obligations end when the receiving or paying spouse dies.
Contact a North Carolina Alimony Attorney at Remington & Dixon
Remington & Dixon, PLLC, stands by parents and couples as they navigate the complex legal procedure involved in dissolving a marriage in North Carolina.
Jennifer Dixon has worked in this space for many years. She’s passionate about creating solid partnerships with her clients that allow her to craft customized solutions to their legal matters.
Reach out to us today by calling 704-247-7110 to schedule a no-obligation consultation.
