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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