Alimony is a court ordered allowance that the “supporting” spouse pays to the “dependent” spouse for support and maintenance following separation and divorce. In the past, alimony was awarded to the wife and paid by the husband. Modernly, husbands are awarded alimony when they are financially dependent on their wife. In general, alimony is awarded to allow the other spouse to maintain the standard of living to which both parties were accustomed during the marriage.It is important to remember that if alimony is not properly pled PRIOR to the entry of a Judgment of Divorce, that alimony is waived. In other words, one cannot ask to receive alimony after the date of divorce. Prior to the Judgment of Divorce being entered, it is important to consult with an attorney regarding your issues of postseparation support, spousal support and alimony.

Alimony that is awarded after separation but prior to divorce is referred to as “postseparation support.” Alimony that is awarded at the time of divorce can take any one or a combination of the following forms:

Permanent Alimony

Permanent alimony is typically paid until the remarriage of the dependent spouse, the death of the dependent spouse or supporting spouse, or until cohabitation by the dependent spouse, whichever first occurs. It can also only continue for a certain period of time. For example, alimony may terminate ten years from the date of separation.

Lump sum Alimony

This type of alimony is characterized by a single payment rather than periodic (usually monthly or weekly) payments. As with all types of alimony, lump sum alimony is taxable.

Temporary Alimony

This alimony lasts for a specific period of time, with its main purpose being to help one spouse get back on his/her feet because of special circumstances. Temporary alimony is usually awarded for a short period of time.

Rehabilitative Alimony

This is the most commonly awarded type of alimony. It is used in situations where the recipient is younger, or able to eventually enter or return to the workforce and become self-supporting financially. The payments may include money for education to enable the recipient to become self-supporting.

As with all other matters surrounding divorce, alimony can be settled through a mutual agreement or by going to court. Many parties are able to come to an agreement defining the amount and duration of the payments. Settling out of court is preferred as it is less costly, more time efficient, and less stressful than going to court. If the parties are unable to agree on alimony, a party may file a complaint and initiate a civil action to have alimony determined by the court.

Once at trial, the court will first make a determination as to whether one spouse is a dependant spouse and whether the other spouse is a supporting spouse. If the court determines that there is in fact such a financially dependent relationship, the issue shifts to the amount and duration of the alimony and/or postseparation support award. With postseparation support, the court usually looks at the financial needs of one party and the ability of the other party to pay. It is not until there is a hearing on the issue of permanent alimony that other factors will be considered by the court. The factors a court may consider in making an award of permanent alimony include:

• Marital misconduct (i.e. an affair, domestic violence, emotional abuse,etc.)
• Age and health of the parties
• Duration of the marriage
• Contribution of one spouse to the career of the other
• Earning potential of the parties
• Parties standard of living during the marriage
• Education of the parties
• Needs of the parties
• Assets and liabilities of the parties
• Contribution of one spouse as a homemaker
• Property of the parties

The judge may also consider any economic circumstances of either party that the judge deems to be just or proper.

Prior to the Judgment of Divorce being entered it is imperative to consult with an attorney regarding your issues of postseparation support, spousal support and alimony.

It is extremely important to keep a record of your financial information to use in the alimony proceedings. Perhaps the most important aspect of an alimony proceeding is that you are prepared to support your position so that you can obtain an award that is commensurate with your needs. Your attorney can help you prepare any financial documents needed to help you obtain a proper alimony award. Contact us now to set up a free initial consultation.

Ms. Alexander and Ms. Doyle are licensed to practice in the state of North Carolina. The firm of Alexander & Doyle, PA does not seek to represent you based upon your visit or review of this website. The material included in this website is not intended as legal advice. Readers should not act on information contained in this material without professional legal counseling. This is an advertisement.