Protecting Your Rights In North Carolina Alimony

Spousal support is often one of the most contentious issues between divorcing spouses in North Carolina. At Coggin Law, PLLC, in Charlotte, we don't believe it needs to be. We help clients understand North Carolina law regarding alimony, the purpose of spousal maintenance, the duration of payments and what is reasonable to expect.

If one spouse has been substantially reliant on the other spouse during the marriage, he or she may be able to file a claim for alimony. The parties may also agree to the terms of alimony, which can be included in their private Separation Agreement.

Types Of Spousal Support

  • Post-Separation Support (PSS) - Post-separation support (PSS) is a temporary type of alimony and is not intended to be permanent support. PSS is the money that a supporting spouse pays to a dependent spouse in response to an agreement reached by the separated parties, or in response to an order of a judge for temporary support, until permanent alimony is determined. This award may also include an order requiring the supporting spouse to pay a portion of the dependent spouse's attorney fees.
  • Permanent Alimony - While post-separation support is temporary in nature and is designed to put the parties on equal footing, alimony is designed to be more long term or permanent in nature. Like PSS, the court, after considering all relevant factors, will determine the duration and amount of alimony. Before the court will award alimony, you must demonstrate that you are the dependent spouse, and are substantially dependent on the other spouse for support.

Factors considered in determining PSS and alimony:

(1) Financial needs of the parties

(2) Accustomed standard of living

(3) Present employment income and other recurring earnings of each party from any source

(4) Earning abilities of both spouses

(5) Separate and marital debt service obligations

(6) Necessary living expenses of both parties

(7) Each party's respective legal obligations to support any other person

(8) Pre-separation marital misconduct of both parties

(9) Marital misconduct

Get An Agreement In Place Now

Remember, the divorce is the final decree. Until the final decree, you will be living through a period of legal separation. It is the perfect time to start negotiating a Separation Agreement that includes alimony.

Contact Us To Talk To One Of Our Attorneys For Spousal Support

Whether you are seeking spousal support or are concerned about paying, you can have confidence that our alimony lawyers will protect your financial interests throughout the divorce process. Call our offices in Charlotte at 704-533-8636 or send an email with a brief explanation of your concerns about spousal support. We will arrange an opportunity for you to meet for an initial consultation.