The amount and duration of alimony payments are determined by a number of factors, including the length of the marriage, the couple's standard of living during the marriage, each spouse's earning capacity, and each spouse's financial needs. Alimony can be paid in a lump sum or in periodic payments, and it can be terminated if either spouse remarries or if either spouse dies. If you are considering divorce in North Carolina and expect to receive alimony, it is important to speak with a family law attorney.
In North Carolina, alimony is typically paid for a period of equal to half the length of the marriage. However, the court may order alimony to be paid for a shorter or longer period of time depending on the specific circumstances of the divorce. For example, alimony may be ordered for a shorter period of time if the couple has only been married for a few years. Alternatively, alimony may be ordered for a longer period of time if one spouse is significantly older than the other or if one spouse earns a much higher income than the other. Ultimately, alimony is intended to help the less financially prosperous spouse maintain their standard of living after divorce.
In North Carolina, alimony is generally reserved for situations where one spouse has been financially dependent on the other during the marriage. However, there are some circumstances where a working spouse may be eligible for alimony. This usually occurs when the spouse has a much lower income than the other or is unable to work due to childcare responsibilities. In these cases, alimony can help the working spouse maintain their standard of living after divorce. If you think you may be eligible for alimony, it's important to speak with an experienced family law attorney. They can help you understand the laws in North Carolina and determine whether you have a strong case for alimony.
If a supporting spouse fails to paying alimony in North Carolina, the court may take a number of different actions. The first step is typically to order the delinquent spouse to make a lump sum payment to cover the past-due alimony. If this isn't possible or if the delinquent spouse continues to fall behind, the court may order wage garnishment. This means that a portion of the delinquent spouse's paycheck will be withheld and used to pay alimony. In extreme cases, the court may even order the seizure of assets, such as property or investments. Ultimately, it is up to the court to decide what action to take, but failure to pay alimony can have serious consequences.