Going through a divorce is challenging for everyone involved. In addition to the separation of a relationship, there is also the division of assets to consider. You may wonder if you can financially afford to be on your own after your spouse has supported you for several years. A Charlotte alimony attorney can help you request that alimony is paid as part of your divorce settlement to ensure that you are financially able to live the same lifestyle you had with your spouse.
What is Alimony?
Alimony, monetary payments, or the payment of property is provided to a spouse that does not have the earning potential to make ends meet or live the same lifestyle they had during the marriage. In a Charlotte family law court, the judge will decide who is responsible for paying alimony based on which person has the most earning potential and who was the primary provider during the marriage.
Through alimony, the court may order your former partner to send you regular payments or a lump sum may be received as part of a settlement. There can also be a transfer of high-value property or payments may be arranged on an irregular basis as the court deems necessary according to the family law in Charlotte, NC.
Your alimony payments will continue until a specified date set by the judge or until you are considered financially self-sufficient and are no longer in need of these payments to support yourself to live the same lifestyle that you were accustomed to with your spouse.
How Does a Charlotte Family Law Court Decide That Alimony Payments Are Necessary?
Winning alimony in a Charlotte, NC, family law case is dependent on a number of factors. The judge will look at the income of each spouse and their potential for earnings into the future. Your spouse’s conduct during the marriage, as well as your conduct, will be taken into account and determine if alimony payments occur as financial retribution for the actions that occurred.
The main goal of alimony payments is to create a similar living standard for both spouses after the divorce. As such, the length of your marriage will also determine alimony payments, as this decides how long your spouse has been supporting you financially. Your physical and mental health will be considered as well as your standard of living during the marriage.
If you helped your spouse further their career or earning capabilities during your marriage, this can be considered a factor in receiving alimony as this decision may have held back your own opportunities to earn. You may have stayed home with the children or worked a job that paid for their schooling. This is all considered by the judge in an alimony proceeding and your family law attorney in Charlotte, NC, can help you gather the necessary evidence that proves your claims of financial need during your case.
The court will also examine any other factors that are relevant to your need to receive alimony payments, such as your ability to get additional education or training to self-support yourself financially.
According to Charlotte, NC, Family Law, Will My Alimony End If I Cohabitate With My New Partner?
According to family law in Charlotte, NC, your alimony ends if you cohabitate with another where you are sharing financial responsibilities and one living space in a romantic way similar to a marriage. Your alimony payments can stop the moment you decide to cohabitate with your partner, even if you have no plans to marry in the future.
However, if you are in a relationship with another person, but refrain from moving in together and continue to have your own living space, your alimony will continue until it proven that you are cohabiting or self-sufficient and not reliant on the payments any further or until the time specified by the judge, whichever occurs first.
Discussing your living arrangement with your family law attorney in Charlotte, NC, can help determine if you are in jeopardy of losing your alimony payments.
Will My Alimony in My Family Law Case End If I Get Remarried in Charlotte, NC?
After the divorce, remarriage is certainly a possibility as your work to rebuild your life with someone new. While you may have been receiving alimony through your divorce settlement, the day that you get married to another person, your alimony will stop. Family law in Charlotte, NC, states that you are now reliant on your new spouse financially and are no longer in need of alimony payments from your ex-spouse to support you.
Your spouse has the right to stop payments to you on the date of your marriage without a court proceeding. Any property transfers that have not gone through, but were ordered by the court must continue as well as any lump sum settlements that occurred during your court proceedings.
When Can I File for Divorce in Charlotte, NC?
There is a waiting period for filing a divorce in accordance with the family law in Charlotte, NC. You must be a resident of the state for at least six months or 180 days and have been living physically separate and apart from your spouse for at least one year prior to filing for divorce. If you have recently moved to Charlotte, NC, you will not be able to file for divorce until the six-month waiting period has expired.
A family law attorney in Charlotte, NC, can help you process your divorce proceedings and determine your need for alimony. They can advise you on your legal rights according to the laws of the state and help get you the maximum payments for your alimony. They support you during the legal process and walk you through each step of the proceedings.
Consult with an Experienced Family Law Attorney in Charlotte, North Carolina
When you need assistance in your Charlotte, NC, family law matters, contact a Charlotte Family Law attorney at Remington & Dixon PLLC. They can guide you in the process of filing for divorce and assess your ability to receive alimony according to the laws of Charlotte, NC. You can count on the divorce lawyers at Remington & Dixon PLLC to assist you during this difficult time and fight to get a divorce settlement that is fair for your years of marriage. Contact us today to set up a consultation.
Jennifer is a founding partner at Remington & Dixon, PLLC. Jennifer concentrates her practice in the areas of family law, wills & estates, unemployment benefits appeals, and traffic. At Elon University School of Law, Jennifer was the vice president of the Public Interest Law Society and a member of the Family Law Society. During law school, Jennifer interned at the Elon University School of Law Field Placement Clinic with Legal Aid of North Carolina where she represented clients in domestic violence court proceedings.