Winston-Salem Alimony Lawyer
We ensure you are not taken advantage of in the alimony process.
Whether you deserve to receive alimony or are the one paying it, we make sure the alimony process is fair to you.
What You Need To Know About Alimony
In North Carolina, alimony is an economic issue first. There must be a need for financial support on one side and the ability to pay the requested support on the other.
To determine if these two pieces exist, a Judge will conduct a two part test:
Test 1: Is there a need for alimony – and can the other party afford to pay alimony?
Test 2: If the answer to the questions in Test 1 are “yes,” the court looks to determine if there was marital misconduct from either party.
If the answer to these questions is yes, alimony is awarded. The amount and duration of the award is entirely at the Judge’s discretion.
The Two Tests For Alimony
A Judge conducts a two-part test to determine if alimony should be awarded:
Test 1: Financial Ability
The first test is to determine if there is a Dependent Spouse and a Supporting Spouse in the relationship.
A Dependent Spouse is defined as a party who cannot meet their reasonable, necessary needs and ordinary expenses each month on their own.
A Supporting Spouse is considered to be the person who has a surplus remaining each month after paying their own reasonable needs and expenses.
If a Supporting Spouse does not exist – meaning the opposing party does not have the ability to pay to support the Dependent Spouse – alimony cannot be awarded.
Test 2: Marital Misconduct
The second test only happens if it is determined there is a Dependent Spouse/Supporting Spouse relationship. If that relationships exist, the court then looks to see if marital misconduct has occured.
In North Carolina, if a Dependent Spouse commits illicit sexual behavior during the marriage, they are barred from seeking alimony.
If a Supporting Spouse commits illicit sexual behavior during the marriage while the Dependent Spouse remained faithful, the Supporting Spouse is required to pay support.
If both parties commit illicit sexual behavior during the marriage, the decision to award alimony is left to the Judge’s discretion.
Getting helping with Alimony is simple.
Follow these three steps:
1. Schedule Your Consultation
You’ll meet with an attorney to talk about your specific situation and see how we can help.
2. Create A Custom Roadmap
We’ll give you a snapshot of your options and what moving forward would look like for you.
3. Together we tackle your problem.
We come alongside you to navigate the entire process with you.
Life change is scary - but it doesn’t have to be overwhelming.
Schedule your consultation today so you can have a partner who has your back and helps craft the best solution possible.