Award of alimony may also include medical insurance coverage for the dependent spouse. Modifying Alimony Unless the payment is made in one lump sum, most orders will say how long alimony must be paid—or the order will simply say that the support payments last indefinitely. For example, a spouse's failure to perform routine maintenance to the residence may cause destruction or waste of the assets. This is one of the reasons the initial determination of post separation support can be crucial to a case. If you believe you are entitled to spousal support and you have not resolved all issues by a Separation and Property Settlement Agreement, it is imperative that you consult a family law attorney prior to the entry of an absolute divorce judgment, or you may lose your right to receive alimony. Let's move on to the one difference between post-separation support and alimony as it pertains to adultery.
Sometimes one spouse wants the divorce and the other spouse does not, other times one spouse is caught by surprise, unaware that there were ever any issues. Will money be exchanged between the parties and, if so, how much money and how often? There are two kinds of spousal support: post-separation support and alimony. This support is paid after the separation of the parties and prior to the absolute divorce of the parties. Keep in mind that if a party meets the definition of a supporting spouse and they are not paying the dependent spouse monthly support payments, then a court can rule for retroactive support going back to the date of separation. A dependent spouse who might otherwise be eligible for alimony will receive nothing if that spouse committed illicit sexual behavior. The court could also order an end to alimony if the dependent spouse cohabitates with another person or remarries.
How Our Experienced Lawyers Can Help When it comes to post separation support, our attorneys can help, regardless of which side of the issue you find yourself. . Post separation support is covered by. As long as the respondent is properly notified of the hearing date, the court can grant the divorce, even if the respondent chooses not to attend. Alimony is not intended to punish a spouse for marital misconduct, but simply to shift the economic hardship of a divorce onto the shoulders of the spouse who caused the break up through bad behavior. Barclay remains on disability due to post-traumatic stress related to his job as first responder to the 1995 Oklahoma City bombings. For all of our articles on North Carolina divorce law, see our page.
Receipt of this information does not create a lawyer-client relationship between you and Irvine Law Firm. The following are some of the things though there are many, many more that you should avoid doing in the interest of having a more peaceful divorce. In that case, either spouse may ask the court to modify the alimony order based on changed circumstances. If you did not file a claim for alimony with the court before you got divorced, you cannot get alimony now. Easy and convenient - complete at your own pace online. For example, alimony can be paid in one lump sum or by transferring property to the dependent spouse.
The court will examine the financial wherewithal of the party claiming dependency, compare it to the standard of living of the marriage prior to separation, and determine if the party can meet his or her needs without assistance. Child support payments are made to the spouse who has primary custody of the children. © 2018 by Breeden Law Office. In the absence of a letter signed by you and a representative of the firm, and the payment of any required retainer, you should not expect that the firm is representing you, or undertaking any obligation to act or refrain from acting on your behalf. In some cases, the parent with primary custody is also the dependent spouse; however, child support does not consider financial needs for the dependent spouse. Can the amount be changed? After working through their issues, he lays out three alternatives: marriage as it has been, divorce, or a six-month reconciliation with marriage therapy. In all North Carolina divorces, the first step after filing the Complaint for Absolute Divorce is that the respondent must be formally served with a copy of the Complaint.
Finally, mutual agreement to separate cannot typically be alleged as abandonment. Attorney Jonathan Breeden of Breeden Law Office will use more than 15 years of experience with the North Carolina divorce courts to evaluate your case and explain your options. This can be extremely frustrating for the person seeking the divorce because it means more time and money spent on the process. In some Judicial Districts, post separation support is determined after a hearing involving several witnesses and many exhibits. As experienced litigators, we are accustomed to successfully arguing for our clients' positions, both at the negotiating table and in the courtroom. The information contained on this page is not to be considered legal advice. Marital Misconduct and Spousal Support While there are no guidelines or presumptive amounts to be awarded for spousal support, the court must at least consider marital misconduct when determining post separation support.
The court will decide how much is paid and for how long. Also like alimony, the Court must find that one spouse was the supporting spouse and the other spouse was the dependant spouse during the marriage. Alimony and Post Separation Support How much will I receive or pay in alimony? The death of either spouse automatically terminates alimony payments. The harsh words in an argument or the refusal to assist in the marriage are potential examples of indignities. Usually post separation support continues until the Court enters an Order awarding alimony or denying alimony. Alimony is awarded at any time after the parties separate but usually after the parties have settled or had a trial on the equitable distribution of their property.
If the respondent refuses to cooperate, however, he or she will have to be personally served. In a recent study of divorcing couples published in the Family Court Review, the results showed that about 30% of individuals who were divorcing said they would seriously consider a reconciliation service if it was offered by the court. The court must enter an order and must set forth the reasons for awarding or denying post separation support. That is going to conclude my blog for today. Listen to your attorney and ask questions as they arise. As discussed in a recent article on , there are several things. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters.
In many amicable divorces, the person who files the Complaint petitioner can simply give their spouse the respondent a copy as an alternative to being personally served with the divorce papers by a sheriff or private process server. The burden of proving dependency is on the party requesting spousal support. Accordingly, a greater emphasis is placed on the financial conditions of the parties versus their misconduct. Once the divorce is finalized, the court may award alimony. No one needs to worry about one party going on a shopping spree and leaving the other with a hefty bill to pay. The law varies wildly based on specific circumstances of your case so a friend or family that went through a divorce may have had an entirely different experience than you. How long does Alimony last? In order to receive alimony, you need to file a request with the court.