Charlotte Alimony Attorney
Assisting Clients With Spousal Support Matters in North Carolina
Alimony is an important aspect of many divorce cases. The court may order one spouse to pay support to the other, but it is not always a permanent arrangement. The court will consider numerous factors when ordering alimony, including the length of the marriage, the standard of living during the marriage, the earning capacity of each spouse, and more.
At Collins Family & Elder Law Group, we understand how alimony is determined and the factors the court will consider when making this decision. Our Charlotte alimony lawyer can guide you through the process and fight for a fair support order.
Call (704) 289-3250 or contact us online today to schedule a consultation with our alimony attorney in Charlotte.
Types of Alimony in North Carolina
In North Carolina, there are several types of alimony, or spousal support, that the court may order.
- Post-separation support: Post-separation support is a temporary type of spousal support that a court may order while the divorce is pending. It is intended to help the dependent spouse meet his or her reasonable financial needs.
- Rehabilitative alimony: Rehabilitative alimony is also a temporary type of spousal support. The court may order this type of support to enable the dependent spouse to acquire the skills, education, or training necessary to gain employment and become self-supporting.
- Permanent alimony: Permanent alimony is a long-term type of spousal support that the court may order. This type of support is usually reserved for spouses who are unable to become self-supporting due to age, illness, or disability.
How is Alimony Calculated in North Carolina?
The court will make a determination regarding alimony after considering various factors. In addition to the type of alimony the court may order, the court will also consider the following:
- The standard of living established during the marriage
- The duration of the marriage
- The age, physical, mental, and emotional health of the parties
- The income, earning capacity, education, and employment history of the parties, and the need and ability of the supporting spouse to pay spousal support
- The contribution of one spouse to the education, training, or earning ability of the other spouse
- The financial resources of each party
- The property distribution in the divorce
- The relative needs of the parties
- The marital misconduct of either of the spouses
- The tax consequences of the alimony award
- Any other factor the court deems just and equitable
Based on these factors, the court will determine the amount of alimony to be paid. The court will also decide the duration of the alimony award. Typically, the duration of alimony will not exceed one-half the length of the marriage, but if your marriage lasted 17 years or longer, the court may order alimony for an indefinite period.
How to Modify Alimony
After an alimony order has been made, the court may modify the order if the party requesting the modification can show a substantial change in circumstances. If the court determines that a substantial change in circumstances has occurred, it may increase, decrease, or terminate the alimony award.
For example, alimony may be modified if the dependent spouse has become self-supporting and no longer needs support, or if the supporting spouse has lost their job and can no longer afford payments.
How to Enforce Alimony Payments
If your ex-spouse is not making the alimony payments as ordered by the court, you may take legal action to enforce the order. To enforce an alimony order, you will need to file a motion with the court. In the motion, you will need to explain that your ex-spouse has not been making the payments, and you will need to provide evidence of the missed payments. If the court agrees that your ex-spouse has not been making the payments, it may order them to pay the past-due amounts, plus any interest and attorney fees. The court may also hold your ex-spouse in contempt, which can result in fines or potentially jail time.
Frequently Asked Questions
How long does it usually take to resolve an alimony case?
The timeline for resolving an alimony or spousal support matter in Charlotte is influenced by several factors, including the complexity of financial circumstances, the presence of children, and the degree of cooperation between spouses. If the parties can reach a negotiated agreement, the matter may be concluded within a few months. However, cases that must proceed through Mecklenburg County Family Court—including cases requiring discovery, evidence hearings, or extensive mediation—can take a year or more to resolve. At Collins Family & Elder Law Group, our experienced alimony attorneys in Charlotte work to move your matter forward efficiently while ensuring every step is handled with care. Our understanding of court scheduling, local family law processes, and county-specific requirements helps minimize potential delays whenever possible.
Can alimony awards be affected by remarriage or cohabitation?
Yes, under North Carolina law, an alimony or spousal support award in Charlotte can be terminated if the recipient spouse remarries or engages in a romantic cohabitation. Mecklenburg County judges carefully evaluate evidence such as shared living arrangements, joint financial commitments, or shared expenses in determining whether cohabitation impacts support eligibility. If you suspect your former spouse’s living situation may change, our spousal support attorneys in Charlotte can help you gather the necessary documentation and present your case to the court. We monitor how local courts interpret factors that influence spousal support obligations to ensure your interests remain protected.
What is the role of mediation in alimony cases?
Mediation plays a significant role in resolving alimony and spousal support cases throughout Charlotte and Mecklenburg County. In many cases, the courts encourage or require mandatory mediation before moving to a contested alimony hearing. Mediation involves both spouses discussing their financial situations and possible settlement options with the help of a neutral mediator. The process often yields creative, lasting solutions tailored to the parties involved. At Collins Family & Elder Law Group, we thoroughly prepare clients for mediation by identifying their goals, organizing the necessary financial information, and providing practical guidance throughout every stage. Mediation can conserve time and expense, and in Charlotte’s active family law courts, it can also reduce stress and encourage collaborative resolutions rather than litigation.
Contact Our Spousal Support Lawyer in Charlotte Today
At Collins Family Law Group, we understand how important alimony is to you and your future. Whether you are seeking alimony or are concerned you may have to pay alimony to your ex-spouse, our Charlotte alimony attorneys can help. We explain how spousal support works under North Carolina law and what you may be entitled to or what you may be required to pay.
If you are seeking alimony, our Charlotte spousal support attorneys can help you gather the financial evidence necessary to demonstrate your need for support. If you are facing alimony payments, we can help you construct a clear financial picture that demonstrates your true ability to pay or asserts that your ex-spouse does not require support. We are committed to protecting your rights and your financial future at every turn.
Contact us today at (704) 289-3250 to schedule a consultation with our Charlotte spousal support attorney.
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