Alimony and Spousal Maintenance in Fayetteville North Carolina

Fayetteville NC Divorce Lawyers – Family Law Attorneys

When couples are trying to work out the terms of a divorce in the state of North Carolina, one of the issues that usually needs to be addressed is that of alimony or spousal maintenance. Alimony is a payment made by one former partner (the supporting spouse) to the other (the dependent spouse). In many marriages, one of the partners was the primary breadwinner with the other devoting most of his or her time to caring for the home and the children. When couples who were in this situation get a divorce, the partner who had been the breadwinner is usually going to be asked to pay alimony.

There are two different forms of alimony in the state of North Carolina: post separation support, and permanent alimony. Post separation support can be requested by the dependent spouse to enable him or her to meet his or her financial obligations before the divorce has become final. This hearing is conducted before a judge without a jury present, and aside from spousal maintenance it can also include temporary child support. Permanent alimony is more or less self explanatory; it is the final decision of the court that supersedes the terms that were set forth after the post separation support hearing.

The court will take a number of factors into consideration to determine if there is in fact a dependent spouse. If there is, they will then decide if this individual is entitled to alimony. If the court determines that the dependent spouse is entitled to alimony, and amount and a duration will be set. Some of the factors that will be used to reach a determination include length of marriage, potential earning capabilities of the dependent spouse, the couple’s standard of living, and any instances of marital misconduct that may be present, such as adultery, physical and/or mental abuse, or desertion. It is worthwhile to point out that the court’s ultimate decision is not final in the state of North Carolina. If the financial circumstances of one or both of the parties change significantly at some point, a motion for modification can be filed.

Anyone who is engaged in an alimony or spousal maintenance matter should retain the services of an experienced Fayetteville NC divorce attorney.