For many people, separating or divorcing their spouse may be stressful and unexpected enough on its surface. However, there may be additional complications other than just the filing process itself. For example, you may be entitled to obtain alimony or financial support from your spouse during and after the divorce proceedings—or alternatively, they may be entitled to request support from you.
If you are wondering whether you may be entitled to support payments from your spouse or vice versa, the experienced family attorneys at Triangle Divorce Lawyers are here to help. A Wake Forest alimony lawyer from our firm could review your situation and the circumstances surrounding your divorce. Then, we could advise you on whether alimony may be possible for you and, if necessary, petition the court on your behalf so you receive the support you need.
Generally, “alimony” refers to monetary payments made by one spouse to support another, usually after a divorce or separation. Traditionally, the spouse that had fewer earnings or a lower income potential would be eligible to receive alimony.
North Carolina General Statutes §50-16.1A defines alimony as an order for the “supporting spouse” to make payments to support and maintain the “dependent spouse.” In North Carolina, either spouse may initiate an alimony claim, according to N.C.G.S. §50-16.3A. The court would consider numerous factors to determine whether alimony is necessary, including but not limited to:
There is no set formula for calculating alimony payments in North Carolina. That being said, a Wake Forest alimony lawyer may be able to provide a more detailed analysis of possible alimony award amounts for each specific case.
Although a dependent spouse’s misconduct or fault does not automatically prevent an alimony award, a court may take note of their “marital misconduct,” as mentioned above. However, if a court finds that the dependent spouse specifically committed one or more acts of “illicit sexual behavior”—defined in N.C.G.S. §50-16.1A(3)(a) as specific sexual acts one spouse commits with someone other than their spouse—before separation, the court would not award any alimony, as per N.C.G.S. §50-16.3A. The court also considers if both spouses had affairs or committed other acts of marital misconduct. The court also considers several defenses that may allow a dependent spouse to receive alimony even if he or she had an affair.
On the other hand, if the court finds that only the supporting spouse engaged in the illicit sexual behavior, then it would award alimony to the dependent spouse. As a result, one spouse’s affair may have a large impact on whether they may be able to claim alimony. Those who have questions on whether they should file for alimony may wish to contact an alimony lawyer in Wake Forest as soon as possible.
Most people want their separation or divorce to proceed as smoothly and painlessly as possible. They understandably do not want to spend days, weeks, or even months negotiating with their spouse over future alimony or support payments.
A Wake Forest alimony lawyer could help you handle these types of legal issues. At Triangle Divorce Lawyers, we are familiar with alimony laws in North Carolina and could use our experience to get you the best possible outcome.
Our lawyers are available to review your case and see how we could help your alimony claim. Make sure you get the support that you deserve—contact a Wake Forest alimony attorney today.
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