Are you going through a separation or divorce in Shelby, North Carolina, and considering the possibility of alimony payments? If so, you likely have plenty of questions, such as “How does alimony work?” “Who pays alimony?” “How is alimony calculated in North Carolina?” or “Why does alimony exist?”
A Shelby alimony lawyer from Caulder & Valentine can give you the clear answers you need. Whether you’re worried about supporting yourself after a separation or wondering if you might be forced to pay alimony, we can help you understand your rights under North Carolina law.
Contact us now to schedule a confidential consultation and discuss your situation. We’re here to listen, explain your options, and help you move forward with confidence.
How a Shelby Alimony Lawyer Can Help You
An alimony lawyer in Shelby can explain your rights and obligations under North Carolina law. Whether you expect to receive alimony or pay it, your attorney can review your situation and explain your options. That way, you don’t have to guess at what a judge might decide or worry about missing a key deadline.
At Caulder & Valentine, we intentionally limit the number of cases we accept, allowing us to focus on each client. We stay in touch with you, answer your questions, and prepare you for each step of the legal process. If you and your spouse can reach an agreement, we can assist you in drafting a clear and fair settlement. If your case goes to court, we can prepare a strong argument and present it clearly on your behalf.
What Are North Carolina’s Alimony Requirements?
Per the alimony requirements in North Carolina, you must show that one spouse depends on the other for financial support and that the other spouse can pay to qualify for alimony. The dependent spouse can request support while separated or during a divorce. If you don’t file before your divorce becomes final, you lose the right to ask for it later.
Judges decide who qualifies for alimony by looking at each spouse’s income, expenses, and ability to earn. The court also reviews each spouse’s behavior during the marriage. If the court finds that the dependent spouse committed adultery prior to separation and that the supporting spouse did not forgive the dependent spouse, the court must deny alimony. If the supporting spouse had an affair, the court may be required to award alimony. If both spouses cheated, the judge has the right to decide either way whether alimony will be awarded.
How Is Alimony Calculated in North Carolina?
North Carolina doesn’t use a fixed formula to calculate alimony, and there is no such thing as an average alimony payment. Instead, judges look at the facts of each case. They consider factors such as income, assets, debt, and whether someone needs support versus who can afford to pay. They also look at each spouse’s age, health, education, and work history.
Additionally, judges consider the duration of the marriage and whether one spouse assisted the other in gaining education or job skills. If one spouse gave up their job to care for children or support the other’s career, the judge will factor that in. The court also examines each spouse’s behavior, including any instances of infidelity.
An experienced alimony attorney in Shelby can help you present evidence and avoid mistakes that could hurt your case.
What Are the Types of Spousal Support?
North Carolina recognizes two main types of spousal support: postseparation support and alimony.
- Postseparation support is short-term help. It begins after you separate and ends when your divorce becomes final, or the judge determines alimony. Its purpose is to help the dependent spouse meet basic needs while the case moves forward.
- Alimony is a type of longer-term support. Judges award alimony when a divorce is finalized. It can last for a set time or, in some cases, have no end date. Judges may award long-term alimony after a long marriage or if one spouse cannot support themselves due to age or health issues.
You can ask for either or both kinds of support when you file your case. If you don’t ask before the divorce is final, you lose the chance to ask later.
How Is Spousal Support Paid in North Carolina?
Judges in North Carolina may order spousal support to be paid in different ways. Most often, it’s paid monthly. The court may also order the paying spouse’s employer to deduct the payments from their paycheck. In some cases, judges order lump-sum payments in cash or in kind, such as property.
If someone doesn’t follow the payment order, the other spouse can ask the court to enforce it. The judge may then issue penalties, which might include fines or even jail time for the non-compliant spouse.
Because each case is unique, the court will select the payment method that works best for the parties involved. A North Carolina alimony lawyer can help you ask for a payment method that suits your unique situation.
How Long Does Alimony Last in North Carolina?
The duration of alimony depends on your situation. Judges in North Carolina determine the duration of support based on several factors. If the marriage has lasted a long time and one spouse cannot support themselves due to age or health, a judge may order payments with no set end date. In other cases, support may only last a few years, allowing the dependent spouse time to acquire job skills or establish income.
Postseparation support ends when the judge rules on alimony, denies it, or finalizes the divorce. Alimony ends when the court order specifies it ends, unless something else triggers its termination sooner, such as death, remarriage, or cohabitation.
North Carolina alimony laws give judges discretion to determine the duration of support. An experienced alimony attorney in Shelby can help you protect your interests from the start and argue for a decision that works for you.
Is Alimony Taxable in North Carolina?
No, the IRS does not tax alimony in most new North Carolina cases. For divorce cases finalized in 2019 or later, the spouse making alimony payments cannot deduct these payments on their federal taxes. The spouse receiving alimony does not report the payments as income.
For older cases finalized before 2019, the old tax rules still apply. That means the paying spouse can still get a tax deduction, and the receiving spouse must report the money as income.
You should talk with an alimony lawyer before signing any agreement or going to court. That way, you can understand how current tax rules could affect your support payments and future financial plans.
Can Men Get Alimony in North Carolina?
As for whether men can get alimony in North Carolina, the answer is yes. The law does not favor one gender over the other in alimony cases. Any spouse who depends on the other for financial support can qualify for alimony. The law focuses on the financial facts of the case, not the gender of the spouses.
A judge must find that one spouse is “dependent” and the other is “supporting” to order alimony payments. That means the dependent spouse cannot meet their needs on their own, and the supporting spouse has the means to help.
This rule applies to both postseparation support and alimony orders. If you are a man who stayed home to care for children, earned less money, or gave up career opportunities to support your spouse, you may have a case for support.
Does Alimony End When You Remarry?
Yes, in North Carolina, alimony ends if the dependent spouse remarries. That includes both postseparation support and alimony. Once the dependent spouse remarries, the paying spouse can obtain an order ending the obligation. The law sees remarriage as a clear sign that the dependent spouse no longer needs support from their ex.
Alimony can also end if the dependent spouse starts living with a new romantic partner. This is called cohabitation. The judge will consider how often the couple lives together, whether they share expenses, and whether they behave like a married couple to determine if they are cohabiting.
If you’re wondering, “Can I get more alimony if my husband remarries?” the answer is no. A supporting spouse’s remarriage does not increase what they owe. However, if you’re receiving alimony and your ex stops paying early after remarriage, you might be able to challenge that in court.
Can You Request Changes in Spousal Support Payments?
Yes. In North Carolina, you can ask the court to change your spousal support order if something significant has changed since the initial decision. This applies to both postseparation support and alimony. If the judge agrees, they may change the amount, end the payments, or extend them.
You must file a motion and show that there has been a substantial change in your circumstances or your former spouse’s circumstances to change the order. A job loss, serious illness, or big change in income may qualify. Temporary issues, like short-term unemployment, usually don’t count.
If you and your former spouse agree to the change, you may be able to put these terms in writing and ask the court to approve it. If you can’t agree, the court will decide. A Shelby alimony attorney can help you present your case effectively.
Contact a Shelby Alimony Attorney Today
If you’re going through a separation or divorce in Shelby and have questions about alimony, the lawyers at Caulder & Valentine can provide honest answers based on your situation. Contact us today to set up your initial confidential consultation. We’ll thoroughly assess your situation and help you understand what you can expect.