The end of a marriage is a tumultuous and uncertain time, and you may be concerned about your financial future, especially if you are the dependent spouse. Whether you live near Signal Hill Mall or Broad Street, it is crucial to understand your rights regarding spousal support. An experienced Statesville spousal support lawyer is here to help you, whether you are pursuing or contesting alimony. They can also protect your interests and advocate for a fair outcome.
Griffin Law, PLLC: Here to Protect You in an Alimony Case
With over 20 years of experience, the attorneys at Griffin Law, PLLC are here to serve you. We understand how deeply emotional and confusing family law cases can be, especially when finances become involved. Our job is to offer you understanding and professional guidance, while also protecting your loved ones, financial future, and stability. If you desire personal care and attention from a trusted Statesville family lawyer, we are here to serve you today.
Types of Alimony Available in Statesville
In 2024, nearly one million women divorced in the United States, and in 2023, the state of North Carolina had a divorce rate of 2.7 per 1,000 residents. Not all divorces will involve alimony. In North Carolina, spousal support can generally be referred to in two separate ways. It is important to know what kind of support is available to you. These two forms include:
- Post-separation support. This form of support was once referred to as temporary alimony and refers to the finances paid to a dependent spouse until an official alimony order is granted or denied.
- Alimony. This is a more permanent form of spousal support, but it does not last as long as it once did. Similar to post-separation support, the two involved spouses can enter an alimony agreement on their own or choose to waive support entirely. However, if the spouses are not able to reach an agreement, then it will be up to the discretion of a family court judge to impose an alimony order or not.
How North Carolina Courts Determine Spousal Support
Unlike child support cases, North Carolina does not have any kind of strict formula that must be followed when determining spousal support amounts. Instead, there are a number of factors the judge considers when determining these awards. These factors can include the following:
- If either spouse acted with misconduct during the marriage, such as in cases of adultery or abandonment
- The income-generating abilities of both spouses
- How old both spouses are and their physical and emotional health
- How long the marriage has lasted
- The standard of living that was established during the marriage
- The contribution of one party to the other spouse’s education, vocational training, or heightened earnings
- The education of each spouse and the ability of each spouse to seek further education or needed training to seek future employment
- The moderate needs of each spouse
- The tax implications that might be associated with the alimony award
- The way in which each spouse has shown themselves as the homemaker
- The property that was contributed to the marriage by either spouse
- Any other related factors regarding the financial nuances of each spouse that the family court judge deems to be proper and fair
While these factors offer the courts grounds on how to award or deny spousal support, no legal regulations exist regarding the official amount and duration. For this reason, it is important that you speak with a Statesville spousal support attorney who can work to protect your rights, whether you are the spouse seeking alimony or the spouse who may be liable to pay support.
FAQs
Can an Alimony Order Be Modified in NC?
Yes, in North Carolina, an existing court order regarding alimony can be modified under certain circumstances or life changes. These changes can relate to the supporting party’s ability to pay the support or a change in the receiving spouse’s needs. If either party suffers a disability or a sudden loss of employment, this may warrant a modification to the original alimony order.
Is Alimony Tax-Deductible?
No, alimony is not tax-deductible by the supporting party in North Carolina and is to be reported as income by the spouse who is receiving the support, as long as the payments are made in cash, not in kind, the payments are due to a divorce or separation agreement, and the two parties involved in the alimony arrangement are not living under the same roof.
What Is Lump-Sum Alimony in NC?
In certain cases, yes, you may be able to receive lump-sum alimony. In North Carolina, this is also referred to as “alimony in gross.” Lump-sum alimony is a fixed amount, agreed on by the two involved parties or determined by the judge, and is paid all at once rather than over a set amount of time, as is typical in other spousal support arrangements.
Can I Go to Jail If I Don’t Pay Alimony?
Yes, there is always a chance that if you do not pay the alimony you have been ordered to pay by the North Carolina court system, you could spend a certain amount of time in jail. Anyone who purposefully fails to pay support may be held in contempt of court and could be subject to a number of enforcement methods, including wage garnishment, liens against property, and possible jail time.
Hire a Spousal Support Lawyer Today at Griffin Law, PLLC
Whether you are the supporting or dependent spouse, going through a spousal support case is never easy. It is essential that you hire a spousal support lawyer who can guide you and help you navigate the North Carolina family court system. At Griffin Law, PLLC, we have been doing this for 20 years and have no intention of stopping any time soon. We invite you to contact us today and schedule a consultation. We are here to serve you in your alimony case in Statesville.
