“Alimony” means payments for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the [click to continue…]
{ 0 comments }
FAQS
Both postseparation support and alimony are now available in North Carolina to financially dependent spouses without any requirement that the supporting spouse be proven to have been at fault. This omission of the fault requirement was a very important change in our state alimony law that took effect on October 1, 1995, for actions filed on or after that date. Fault on the part of the dependent spouse may, however, still be material under the current law. In cases where the supporting spouse can prove that the dependent spouse engaged in uncondoned illicit sexual behavior, and the supporting spouse committed no similar fault, the dependent spouse loses his or her technical entitlement to alimony (but not his or her possible right to postseparation support). An essential allegation in a complaint for postseparation support or alimony is that complainant is the dependent spouse, and that defendant is the supporting spouse. The alimony statute defines these terms as follows: A dependent spouse is a husband or wife who is actually substantially dependent on the other spouse for maintenance or one who is substantially in need of maintenance and support from the other spouse. A finding of dependency is, however, not required in an order for payment of alimony entered by consent. A determination as to dependency involves mixed questions of law and fact and is left to judicial decision. In determining a dependent spouse’s need, the court in general looks at the parties’ accustomed standard of living in the last several years before separation. A spouse seeking alimony is not required to deplete his or her individual assets in order to maintain the parties’ accustomed standard of living.
{ 0 comments }
The factors that are considered by the court are as follows: 1. The marital misconduct of either of the spouses, 2. The relative earnings [click to continue…]
{ 0 comments }
Although an alimony claimant is no longer required to prove the other spouse is at fault in order to be entitled to postseparation [click to continue…]
This fault, which used to be called adultery and unnatural sex acts (arguably more narrow concepts), can be a useful fault ground. Unlike many of the other grounds, [click to continue…]
{ 0 comments }