POST-SEPARATION SUPPORT & ALIMONY
How we help you with Alimony and Post Separation Support
Lately clients have come in for consultations having been told “nobody gets alimony anymore”, and this is simply not true.
Many believe that to be awarded post-separation support or alimony there must be proof of marital misconduct by the other spouse, and this is also not true.
If a spouse is “actually substantially dependent” upon the other spouse for support and maintenance at the time the couple separates, or is “substantially in need of maintenance and support” from the other spouse, an award of post-separation support or alimony is possible.
Post-separation support and alimony are governed by statue. Applicable statutes are contained in Chapter 50 of the North Carolina General Statues.
To receive post-separation support or permanent alimony, the applicant must establish that he or she is (1) a dependant spouse, and (2) that the party from which post-separation support or permanent alimony is sought is a supporting spouse.
Unlike child support, post-separation support and alimony are typically tax deductible to the payer (supporting spouse) and are treated as income by the recipient (dependant spouse). Attorney’s fees may be recovered by the dependant spouse in post-separation support and alimony cases.
Post-separation support and alimony payments normally terminate upon the death of the payer or recipient, upon the remarriage of the recipient, or at the conclusion of the term of payment established in the agreement or judgment establishing the post-separation support or alimony obligation.
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“His advice regarding the law and how to negotiate with the opposing party was clear and effective, and Bill listened to my daughter’s desires and was understanding as to the direction she wanted to take things – and then provided his thoughts and suggestions. I would not hesitate to recommend Bill Rogers to anyone.”
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“During difficult and uncertain times, Bill navigated our family with confidence and concern. I feel that our family was a top concern for Bill; at every turn he considered all aspects and guided us appropriately. Bill’s professionalism and high moral conduct in court kept my family looking forward to the positive conclusion he provided.”
“I have known Bill Rogers for over 10 years and his ability to operate both strategically and tactically are the skills and qualities that first come to mind. He can efficiently handle multiple complex tasks and has proved to be an invaluable resource to me. He has represented me in both a divorce and in my business and has been able to overcome many challenges and obstacles to my satisfaction.”