Are you thinking about asking for alimony or wondering whether you’ll have to pay it? If you’re going through a separation or divorce in Gastonia, North Carolina, you probably have questions about how alimony works and what to expect. You might wonder: “Why does alimony exist?” “How long does it last?” “Who pays alimony?” These are common concerns, and a North Carolina alimony lawyer can provide the answers you need.
At Caulder & Valentine, our Gastonia alimony attorneys can walk you through your options, explain what the court looks for in alimony decisions, and help you protect your financial future. When you come to us for help, we’ll make a point of keeping you updated, offering honest feedback, and handling your case with focus and determination. Contact us today for a confidential consultation to learn more about how we can support you.
How a Gastonia Alimony Lawyer Can Help You
Alimony decisions can affect your financial stability for years. An alimony lawyer in Gastonia can explain your rights, build a strong case, and make sure the court hears your position. If your spouse is asking for financial support, we can help you respond with clear, fact-based arguments. Alternatively, if you need financial support, we can help you explain why.
At Caulder & Valentine, our team intentionally limits the number of cases we take so we can give you our full attention. We listen, ask the right questions, and provide direct answers. Our lawyers know how Gaston County judges handle alimony cases, and we use that experience to guide you. Whether you’re asking for alimony, challenging a request, or seeking a modification, you can count on us to keep your goals in mind every step of the way.
What Are North Carolina’s Alimony Requirements?
Per the alimony requirements in North Carolina, you must show that one spouse is dependent and that the other can provide support to get alimony. Either spouse can be dependent or supporting, no matter their gender. The court also considers each person’s income, expenses, health, education, and other relevant details to determine whether to order alimony and, if so, the amount.
In most cases, the court will deny alimony if the dependent spouse had an affair before the separation. On the other hand, North Carolina alimony laws say the court must award alimony if the supporting spouse had an affair. If both spouses cheated, the judge decides what to do based on the facts. Marital misconduct, like abuse, reckless spending, or abandonment, can also affect alimony. A lawyer can help you gather the right evidence, explain how the law applies, and work to protect your future.
How Is Alimony Calculated in North Carolina?
A common question our Gastonia divorce and family law firm receives is, “How is alimony calculated in North Carolina?” The state doesn’t use a set formula to calculate alimony, so there’s no such thing as an average alimony payment. Judges consider factors like income, property, debt, living expenses, and the couple’s standard of living during the marriage when determining alimony payments. They also look at the length of the marriage, each spouse’s earning ability, and any evidence of marital misconduct.
If one spouse requires support and the other can afford it, the court determines what is a fair amount and how long the payments should last. A Gastonia alimony lawyer can help you present your case in a clear and organized manner, so the court understands your financial situation and determines the amount of support that is reasonable.
What Are the Types of Spousal Support?
There are two main kinds of spousal support in North Carolina: post-separation support and alimony.
Post-separation support is intended to provide temporary assistance to the dependent spouse after a couple separates, but before their divorce becomes final. This support can start soon after a separation to help the lower-earning spouse manage short-term expenses.
Alimony, on the other hand, is support paid by one spouse to the other after a divorce is final. Unlike post-separation support, alimony provides long-term support based on the outcome of the divorce case.
Judges look at different factors for each type of support, and getting one doesn’t guarantee you’ll get the other. In some situations, couples reach their own agreements about support. If the court approves an agreement, it can be included in the final divorce order, making it enforceable like any other court order.
How Is Spousal Support Paid in North Carolina?
So, how does alimony work in practice? North Carolina courts may order several different types of payment methods. Some involve monthly payments, while others involve automatic wage withholding, where payments come straight from the paying spouse’s paycheck. Sometimes, judges order one-time payments, either in cash or transferred property.
If the person who owes support fails to pay, the other spouse can return to court to request enforcement. Judges can order fines or even jail time for non-payment. An alimony lawyer can help you figure out the best way to pay or receive support and what steps to take if you need modifications or enforcement from the court.
How Long Does Alimony Last in North Carolina?
North Carolina judges determine how long alimony should last based on the facts of each case. There is no standard duration. Instead, courts consider the length of the marriage, each spouse’s income and needs, and how long it might take for dependent spouses to become self-supporting in their decisions.
So, how long does alimony last in North Carolina? In shorter marriages, alimony might last for only a few months or years. In longer marriages, especially those involving one spouse who cannot reasonably support themselves due to age or health, alimony might last much longer. Judges include end dates or state when alimony will be reviewed again in their alimony orders. No matter what, alimony always ends if either spouse dies or if the spouse receiving support remarries or begins living with a new partner.
Is Alimony Taxable in North Carolina?
For federal tax purposes, alimony is no longer taxable for divorces finalized on or after January 1, 2019. This means the spouse who pays alimony cannot deduct it from their income, and the spouse who receives it does not report it as income. This applies to both court-ordered alimony and written agreements finalized after that date. If your divorce was finalized before 2019, older tax rules could still apply.
So, is alimony taxable in North Carolina? North Carolina follows these federal rules, so the same tax standards apply at the state level. If you have questions about your tax situation, a lawyer can help you understand what rules apply to you.
Can Men Get Alimony in North Carolina?
Yes, men can receive alimony in North Carolina if they meet the legal requirements. The court does not favor one gender over the other when making decisions regarding support. What matters is whether one spouse is financially dependent and whether the other can afford to pay.
If an ex-husband needs financial help after a separation or divorce and meets the definition of a dependent spouse, he can request alimony just like an ex-wife could. The court will review each spouse’s income, expenses, assets, and behavior during the marriage to determine the amount of alimony. If the facts support the request, the court may grant it.
If you are a man who wonders, “Can men get alimony?” and you need to request it, you should speak with a family law attorney who understands the law and can help you present your case clearly.
Does Alimony End When You Remarry?
Yes, alimony ends in North Carolina if the spouse receiving payments remarries. It also ends if that spouse starts living with someone in a long-term relationship that is similar to a marriage. This is called cohabitation.
The courts look at how a couple lives to determine whether they are cohabiting. This includes factors such as whether they share expenses, live together frequently, or assume roles similar to those of a married couple. Even if a couple doesn’t live in the same home full time, the court might still decide they are cohabiting based on the facts. Alimony also ends if either spouse dies.
If you’re wondering, “Can I get more alimony if my husband remarries?” the answer is no. Your former spouse’s remarriage will not increase the support you receive. However, it also will not eliminate your ex’s obligation to pay.
Can You Request Changes in Spousal Support Payments?
Yes, you can ask the court to modify spousal support if a significant change occurs after the original order. Either spouse can file a motion to ask for more support, less support, or an end to the payments. However, you must demonstrate that a significant change has occurred to obtain a modification. This could include a job loss, a health issue, a raise, or a new marriage.
The change must be long-term or permanent, not just a temporary setback. For example, if you lose your job and don’t find similar work for months, that could be a valid reason for a change. However, if you switch jobs for just a few weeks, the court probably won’t approve a change.
