Eastern North Carolina Divorce Attorney Protecting Marital Rights
When one spouse has historically been the primary source of income and financial support throughout the marriage, the dependent spouse may be entitled to post-separation support or alimony. In some situations, the alimony may be of limited duration, to give the dependent spouse time to gain financial independence through education or job training. In other situations, permanent alimony may be warranted. Eastern North Carolina divorce attorney Marcia H. Armstrong is a family law trial attorney who is ready and willing to pursue your right to receive post-separation support and alimony or to defend your rights as the supporting spouse to ensure that a fair resolution is reached.
How Does a Court Determine Alimony or Postseparation Support?
Postseparation support is temporary and may be ordered during the period of time after the separation and before a divorce is final. Alimony may be provided for in a premarital agreement, as part of a divorce settlement or it can be ordered by the court after a trial.
In North Carolina, adultery committed by one or both spouses is a significant factor in the determination of alimony. If a supporting spouse commits adultery, alimony will be ordered. If the dependent spouse commits adultery, he or she will not receive alimony. If both parties commit adultery, the court will determine whether alimony is warranted in its discretion.
Courts Consider a Number of Factors When Ordering Alimony
Judges in North Carolina consider a number of factors when ordering a spouse to pay post-separation support or alimony. These factors include, but are not limited, to:
- The relative earnings and earning capacities of the spouses;
- The ages and the physical, mental, and emotional conditions of the spouses;
- The duration of the marriage;
- The contributions by one spouse to the other’s career;
- Whether one spouse was the primary caretaker of children or a homemaker;
- The standard of living of the spouses established during the marriage;
- The relative education of the spouses and whether one spouse needs time to receive further education or job training;
- The relative assets and debts of the parties;
- The property brought to the marriage by either spouse;
- The contribution of a spouse as homemaker;
- The relative needs of the spouses;
- The federal, State, and local tax ramifications of the alimony award;
- Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper; and
- The marital misconduct of the parties.
Contact our Eastern North Carolina Divorce Attorney
As a leading North Carolina divorce attorney, Marcia is devoted to protecting her clients’ marital rights to post-separation support and alimony as well as defending her clients’ rights as supporting spouses. This is often a highly contested issue in divorce, and Marcia’s experience as a trial attorney offers her clients skilled representation and guidance through this difficult process.
When you need an advocate to stand up for your marital rights, let Marcia be Strong for You. If you have a case where post-separation support or alimony is at issue, contact our firm to have our staff review your case. Marcia also accepts attorney referrals.