In this article, you can discover:
- How long might someone pay alimony or spousal support?
- Can alimony or spousal support be reduced?
- How are assets divided in a divorce?
How Is Alimony Or Spousal Support Awarded & Calculated In North Carolina?
In North Carolina, alimony is not calculated using a set formula like in other states. Instead, it is based on the financial needs of the parties and whether one party is a dependent spouse.
To determine alimony, you have to look at the financial background of both parties and compare their expenses. If there is a disparity in the incomes of the two spouses, the court may award a certain amount of money to the lower-earning spouse to help offset any financial burden caused by the divorce. This is known as discretionary income.
Nowadays, many judges are unlikely to award alimony from marriages of 8 years or less. While a judge could award alimony for a one-year marriage, it is improbable to happen in North Carolina. This is because, in the court’s opinion, there hasn’t been enough time for the spouse to become wholly dependent.
How Long Will I Have To Pay Alimony Or Spousal Support In North Carolina?
There are many factors that can affect the length of alimony payment, but one of the most important is the financial dependency of one spouse on the other.
In a traditional marriage, where one spouse works to support the family while the other stays home to take care of the household, financial dependency can be a significant factor in determining how long alimony payments will continue.
For example, consider a situation where one spouse has sacrificed their own career or education opportunities in order to support their partner. In these situations, that spouse would be financially dependent on the other for a longer period of time and receive support for a longer period, as a result.
Additionally, the length of time someone may have to pay spousal support or alimony in North Carolina is impacted by the length of the marriage.
If you were married for eight years or more, the alimony order would typically last for half the length of your marriage. (So if you were married for ten years, your spouse would likely be entitled to support for five years.) However, the judge can award shorter periods if the disparagement of income is not very much between the parties.
Can I Petition For A Reduction Of My Alimony Or Spousal Support Payments In North Carolina?
You can petition for a reduction of alimony or spousal support payments in North Carolina. The decision will be based on whether there has been “a substantial change in circumstances”.
Has your income substantially increased or decreased? Have your expenses increased or decreased? Questions like these, among many others, will be instrumental in determining whether you can be successful in your request for a modification.
With the guidance of a skilled attorney for Divorce Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Divorce Cases in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 371-0127 today.