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 & Estate 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.

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 to Calculate Alimony 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.

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.