In North Carolina, there are no recommended guidelines for the determination of alimony. Instead, courts utilize a two-part test to decide whether alimony should be provided. The first part of the test looks at how much money a spouse needs to continue living with the same standards as they did in the marriage. To this end, the judge reviews the spouse’s expenses compared with the available income. Alimony lawyers will use these tests to determine whether you should request alimony.
Next, the courts determine whether the spouse who is to provide support can pay alimony. In addition to these two tests, the judge is allowed to consider many other factors when making this decision. Some considerations the judge may make can include:
Alimony lawyers can examine your case to consider the possibility of either spouse receiving spousal support. The courts will decide whether alimony will be paid as a lump sum or in regular payments. It may be ordered for a specific length of time or indefinitely. When the length of alimony is indefinite, it will be terminated only due to one of the following conditions:
These terms and conditions can be decided upon by agreement by both parties during settlement negotiations. In addition to these termination conditions, you and your spouse may decide on a specific date or condition under which alimony will end. For instance, you may decide that alimony will be paid for five years. You can then put this decision into the settlement agreement with help from an alimony lawyer. The judge will typically allow an agreement made by the parties pre-divorce.
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