North Carolina Divorce Law – Raleigh Divorce Lawyer
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Quickly find the answers you’re looking for as it pertains to Alimony & Spousal Support in North Carolina.
A party defending against an action that includes allegations of marital fault also has certain common law affirmative defenses to the fault allegations. These defenses have technical names: condonation, connivance, collusion and recrimination. The most commonly used of these defenses is condonation, which stands for forgiveness of the particular fault. For example, if your spouse […]
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The right to jury trial is governed by a statutory provision stating that a jury may render the verdict on issues of fault, but a judge alone decides the issues of dependency and amount of postseparation support and/or alimony. The parties must still be married when a claim for postseparation support or alimony is filed. […]
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The purpose of postseparation support is to enable the dependent spouse to meet his or her reasonable needs. In supporting a claim for postseparation support, complainant must also allege that he or she does not have the financial resources to meet those reasonable needs. In ordering postseparation support, the court is required to consider a […]
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By statute, the dependent spouse’s illicit sexual behavior, if found against that party, is an absolute bar to alimony (although not a bar to postseparation support) but only if the other spouse has not also engaged in illicit sexual behavior. In a case where each party is shown to have engaged in such behavior, an […]
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The impacts in this arena could be quite severe, depending on: how long you have been dating other person(s) whether you are the “dependent” or the “supporting” spouse whether the dating began before or after the date of separation and whether the dating can be shown to embrace “illicit sexual behavior” or some other marital […]
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An action for postseparation support or alimony may be brought in conjunction with a divorce, either absolute or from bed and board, or as an independent action whether or not a separate action for divorce is pending. Where the application is for postseparation support, the court is permitted to base its award on a verified […]
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How do some spouses avoid paying alimony? It’s actually much harder to achieve than one would think. Alimony is based off of the earnings of both spouses and the quality of life experienced during the marriage versus what the dependent spouse would earn independently. In short, the only way to pay less money on alimony […]
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The “condition” of the parties includes: age health physical well-being and other such circumstances The court must consider the parties’ accustomed standard of living for the reason that alimony should be in an amount that allows the dependent spouse to have an economic standard established by the marital partnership during the years the marriage was […]
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Modification or vacation of a North Carolina decree awarding alimony, whether entered after contest or upon consent, will be considered upon a motion in the cause and a showing of changed circumstances by either party. Understand that modifiability of a North Carolina alimony order requires two things first, alimony is being paid under court order second, […]
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An alimony order for an indefinite term will terminate, pursuant to the applicable statute, if the parties resume marital relations the dependent spouse remarries the dependent spouse cohabits with another adult in a private heterosexual or homosexual relationship the dependent spouse dies the supporting spouse dies. The order itself, of course, may provide for its […]
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