North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Alimony & Spousal Support in North Carolina.
The enforcement of an alimony decree is governed by statute, which provides for various avenues of relief, including: the remedy of arrest and bail the remedies and attachment and garnishment the remedy of injunction receivership enforcement by proceedings for civil contempt and the punishment of disobedience by proceedings for criminal contempt and execution, execution sales […]
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Until recently, alimony was deductible by the payor spouse and reportable as income to the dependent spouse. As of 2018, under federal and state income tax law with regards to alimony, the new tax code change repeals the law that allowed the payor of alimony to make tax deductions on their alimony payments, thereby making […]
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Our statutes permit the court, in its discretion, to enter an order for reasonable attorney’s fees in connection not only with an award of postseparation support but also with an award of alimony, at any time. The award can even be made in connection with an appeal. Generally, attorneys’ fees are available to a dependent spouse […]
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A valid separation agreement, in which an express provision waives postseparation support, alimony and attorney’s fees related thereto, may be pled in bar of an action for postseparation support, permanent alimony, and fees so long as the agreement is performed. However, if a provision of a premarital agreement modifies or eliminates spousal support and that modification […]
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There are other devices that may limit the impact or admissions of fault evidence. More generally, a spouse may also use the other spouse’s provocation or one’s own lack of willfulness as a defense to fault allegations where applicable. It may also be possible to keep certain evidence from being admitted at an alimony trial. Although […]
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The alimony recapture rule only applies to the payor when alimony payments decrease substantially or end during the first three calendar years. This rule is intended to prevent payers whose divorces occur near the end of the year from making deductible property settlements at the beginning of the year. Will you owe alimony recapture? Let our […]
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