There is no one correct response to the query “How long do you have to be married before you can get alimony in North Carolina?” that may be given. When making this decision, the courts will take a number of different criteria into consideration. If you and your spouse are thinking about getting a divorce, it is imperative that you have a solid understanding of the alimony laws that govern our state. Let’s take a look at the criteria that are used to determine alimony payments, as well as the potential amount you could receive if you are eligible.
In North Carolina, What is the Concept of Alimony?
After a divorce or legal separation in North Carolina, one spouse may be entitled to alimony, which is a form of spousal support that consists of financial aid. After a marriage ends, alimony is not awarded to both partners in every case. If you are the recipient of an alimony award, your husband has the option of either making one large payment or making smaller payments on a regular basis. Alimony payments could be sent to the recipient for a predetermined period of time or indefinitely.
Alimony is meant to assist a financially dependent spouse in order for them to maintain the same standard of living that they had while they were married. This is the primary goal of alimony. For instance, if you chose to stay at home and raise your children while your spouse worked full-time in Wake County and made $350,000 annually, the court may take into consideration the lifestyle you enjoyed while deciding how much alimony to give you.
On the other hand, you may be eligible for a lower amount of alimony if neither of you worked, you made nearly the same amount of money as each other, and you did not have any children together.
How Long Must You Have Been Married Before You Can Receive Alimony?
In North Carolina, the length of a marriage is not taken into consideration when determining if a spouse is eligible for alimony payments. When determining whether or not to grant alimony and how much to award, the court will consider the length of time that the parties were married.
If you were married for a longer period of time, there is a greater chance that you will be awarded alimony, or the amount of money that you will be required to pay may be larger.
A spouse who has been in a marriage for 20 years may be eligible to receive alimony for a period of 10 years. On the other hand, an alimony award for a marriage that lasted for four years might only cover a couple of those years.
What Considerations Lead to the Determination of an Alimony Amount?
When determining alimony, the court will look at a number of different elements, including the length of your marriage, but there are also other factors.
The following are some of the considerations that a judge might take into account:
- The incomes and potential incomes of each partner in comparison to one another.
- The ages of each spouse, in addition to their mental, physical, and psychological capacity.
- Comparative educational attainments of each partner.
- The relative assets and obligations of each spouse, including those associated with the marital property, will be taken into account during the divorce.
- Any spousal support obligations that are outlined in a written agreement between the parties or in an earlier court order.
- Comparative financial obligations of each partner.
- The fiscal repercussions for each partner.
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- The relative contributions of each partner to the marriage, such as those made in the areas of housework and child rearing.
- Comparative requirements of each partner.
- The living conditions that were maintained throughout the marriage.
- Any further considerations the court deems to be important.
How Much of an Alimony Payment Should You Anticipate Receiving in North Carolina?
Your ability to earn, the length of your marriage, and the standard of living you maintained over the course of the marriage will all have a role in determining the amount of alimony you can anticipate receiving when the divorce is finalized.
After a divorce, receiving alimony payments can often assist a dependent spouse in maintaining their previous level of living expenses. Alimony payments could be increased if you were not able to work for a lengthy period of time or if you had considerable medical expenses during the time that you were receiving payments.
If you have been married for quite some time and are unable to provide for yourself, you may be eligible to receive alimony payments for the rest of your life.
How is the Alimony Obligation Met?
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Wage assignment is one of the ways used to calculate alimony payments in North Carolina. This indicates that the support payment is taken out of the payer’s paycheck by their employer and then forwarded to you. You may also request that the courts order alimony payments to be made directly to you.
It is essential that you have a conversation with a divorce attorney about what to anticipate and how to make the most of your particular circumstances.
Alimony Negotiations
If you and your spouse can come to an agreement about how to handle the situation, you should probably do so rather than bringing it before a judge. A divorce that is not contested, in which the parties are able to reach an agreement on all issues pertaining to the separation and the divorce, typically takes less time and has lower overall expenditure.
Nevertheless, let’s imagine you were married for a very long time, had a spouse who made a solid living, and you spent most of your time caring for your children and keeping the house. If your spouse is unwilling to cooperate with you in determining alimony, you may find that going to court to have the matter decided is in your best interests.
Consult with a family law expert who has experience handling divorce cases to evaluate whether or not you should pursue alimony and how much you might be awarded. A skilled divorce attorney in North Carolina will also be familiar with all of the state laws that are relevant to the case. They have dealt with many cases that are comparable to yours and are aware of what to anticipate.
How We Can Help
Divorce is one of life’s most trying experiences because of the emotional toll it can have on a person. Our Greensboro, North Carolina, divorce attorneys have been where you are, and we will do everything it takes to ease the emotional and financial burdens of the divorce process. In North Carolina, you need to be legally separated from your spouse for at least a year before you can petition for divorce. The state of North Carolina delays divorces in cases like these in the hopes that the spouses would reconcile and cancel the divorce proceedings. Follow this link for additional information on our firm’s divorce practice and how we might assist you: https://www.garrettandwalker.com/family-law-attorneys/uncontested-divorce-lawyers/