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Who Gets Alimony
Alimony provides for the support and maintenance of a spouse. This can be accomplished through a lump sum payment or payment on a continuing basis. An action for Alimony can be filed with an action for Absolute Divorce, Divorce from Bed and Board, or by itself. However, a spouse may lose a right to claim Alimony if not filed before obtaining an absolute divorce.
Before a spouse qualifies for Alimony payment, they must be a dependent spouse. A dependent spouse is one that depends on the other spouse for support during the marriage where the other spouse is a supporting spouse. The court considers many different factors when determining the amount of Alimony that may be ordered. Each case is different, but we can help you navigate through these issues. For instance, the court considers factors including: marital misconduct, amount of income, duration of marriage, the standard of living and contributions to the marriage just to name a few. In the end, the court’s order should be equitable after considering the various factors.
Further consider, there are certain circumstances where the court is required to order Alimony. And there are also circumstances where the court is prohibited from ordering Alimony.
Typically, orders for Alimony are modifiable. Grounds to modify Alimony are present where there are changed circumstances with the parties that call for an adjustment to the Alimony award. These changes could come in the form of adjustment in income for the paying party or a need for support from the dependent party. Each client’s situation is different, and you should consult with an attorney if a modification of Alimony is an issue.
Termination of Alimony
First, the Alimony award could terminate at the time stated in the Alimony order. Other ways Alimony can terminate are: entry of Absolute Divorce if no claim for Alimony is pending, upon remarriage of the dependent party or death of either party, upon resumption of marital relations between the parties, or evidence of the dependent spouse’s cohabitation with another person in a marriage-like relationship.
Disclaimer: The information contained on this page is merely for educational purposes only. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.
Mr. Jones is a divorce lawyer handling cases in Hendersonville, Asheville, Brevard, and Columbus, N.C.