Miller Bowles Law has Charlotte alimony attorneys with the experience, skill, and dedication to help with your North Carolina alimony case. Contact us to schedule a consultation.
In North Carolina law, alimony can be awarded to a financially dependent spouse when the Court finds that all requirements have been met. First, the Court must find that the dependent spouse is actually, financially dependent upon the other spouse (called the “supporting spouse”) or in substantial need of maintenance and support. Then, the Court can look at all relevant factors to determine eligibility for alimony. These factors include:
- The marital misconduct of either of the spouses;
- The relative earnings and earning capacities of the spouses;
- The ages and the physical, mental, and emotional conditions of the spouses;
- The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;
- The duration of the marriage;
- The contribution by one spouse to the education, training, or increased earning power of the other spouse;
- The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
- The standard of living of the spouses established during the marriage;
- The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;
- The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
- The property brought to the marriage by either spouse;
- The contribution of a spouse as homemaker;
- The relative needs of the spouses;
- The federal, State, and local tax ramifications of the alimony award;
- Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
- The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property.
Even if your spouse makes less money than you do, you may not be required to pay alimony to your spouse. You even have the right to request a jury trial if there is marital misconduct involved in your marriage. In all cases involving alimony, the dependent spouse can ask the Court to award them attorney’s fees related to their alimony claim.
Alimony can be paid by lump sum payment, periodic payments, income withholding, or by transfer of title or possession of personal property or any interest therein, or a security interest in or possession of real property. Each case is unique, and the type of alimony payment you may be entitled to can be very different from other cases. It is also important to remember that alimony can be taxable to the receiving spouse, and tax deductible to the paying spouse.
If you are currently paying or receiving alimony, you may also be entitled to ask the Court to increase, decrease, or even cancel your alimony payments. The Court will look at the current relevant factors to determine whether you are entitled to a modification of your alimony payments.
Please contact the attorneys at Miller Bowles to determine whether you are entitled to an award of alimony, if you may be required to pay alimony, or if you would like to modify or cancel your alimony payments.