A family law attorney answers some frequently asked questions about alimony or spousal support. Please note, alimony and spousal support in North Carolina are used interchangeably. And for alimony to be awarded, there needs to be a dependent spouse.
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Why is the dependent spouse entitled to any spousal support at all?
The court finds that the party that was making the majority of the income wouldn’t have been able to do that as effectively without the supporting spouse doing what they did within the home. So, the court doesn’t find it appropriate to simply let that spouse live on such a reduced income, they instead provide some type of support to allow them to live similarly to what they were accustomed to.
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How is alimony calculated if you’re the dependent spouse?
If you’re the dependent spouse, you would need to provide income statements if there are any and records of expenses. Your expenses would include going out to restaurants, getting your hair or nails done, anything that would make your life successful. Based on that, the court would determine what would be a fair and reasonable amount to provide you for support.
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How long is alimony paid?
Alimony is typically paid for half the length of time of the marriage. So, if you were married 12 years, alimony would be paid for 6 years.
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When do you need to file for alimony?
Alimony must be filed before the divorce is finalized. If it is not, then the right to alimony is waived. If alimony is handled in a separate agreement, it still needs to be officially filed before the divorce is finalized.