Spousal Support / Alimony

Spousal Support Lawyers In Asheville, NC

Serving Asheville & Western North Carolina

During a marriage, spouses often take on different roles with unique responsibilities. After a separation or divorce, one spouse may be presented with more financial challenges than the other. Alimony exists to ensure that a financially dependent spouse maintains the standard of living experienced during their marriage after a divorce. The process of determining alimony can quickly become one of the most contentious and litigious elements of a divorce case. Whether you were the primary financial contributor in your marriage or were dependent on your spouse’s income, a spousal support attorney can help you negotiate your alimony arrangement. Contact us today to request a consultation with one of our experienced alimony lawyers!

What Is Alimony?

Alimony, also known as ailment or spousal support, refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The purpose of alimony is to provide financial support to the spouse who makes a lower income or has no income at all. Alimony payments can be made either periodically or in a lump sum. In determining alimony arrangements, the court will take into account each party’s income, expenses, and a number of other factors including, but not limited to:

• The parties’ standard of living
• The employment income and other earnings
• Income-earning abilities

• The expenses needed to support the party
• The parties’ legal obligations to support other people

How Is Alimony Determined In North Carolina?

Courts in North Carolina do not follow any “alimony guidelines” nor are there any presumptive awards for alimony. Moreover, there is no codified limit on alimony based on the marriage’s length. Accordingly, in order to determine alimony, North Carolina courts consider whether an award of alimony is fair and equitable to both parties considering the unique circumstances of the marriage and divorce. In determining alimony, courts will consider several factors such as income, expenses, the duration of the marriage, tax ramifications, any marital misconduct, and more.

Types Of Alimony

In order to receive alimony, a request must be filed with the North Carolina district court handling the divorce proceedings. The court then considers the unique finances and situations of each party before deciding on a fair and equitable form of alimony. The following are a few of the most common types of alimony awarded in North Carolina.

• • Lump Sum Alimony – An agreed-upon amount of money paid a single time from the supporting spouse to the dependent spouse. This type of alimony can take the form of transferring possession or title of real or personal property.
  • Permanent Alimony – This is a type of alimony paid on a monthly basis from the supporting spouse to the dependant spouse until the death of either spouse or the remarriage of the dependant spouse.
  • Temporary Alimony – This is a form of alimony intended to help the dependent spouse re-establish their lifestyle during the course of the divorce. Typically, this kind of alimony ceases once the divorce is finalized.

Get The Family Law Help You Need

Our experienced Asheville attorneys handle all aspects of family law cases, from mediation and settlement to litigation and enforcement. Our divorce attorneys are skilled and knowledgeable in spousal support negotiations, regardless of if you are the receiving party or distributing party. We are here to help guide you through the process and reach the best possible outcome or agreement. Contact us today to schedule a consultation or for answers to your questions about post-separation support.