What Exactly Qualifies As Spousal Support In NC?
Either spouse can receive alimony if they meet one of two criteria:
The spouse can’t meet their own reasonable financial needs without the other spouse’s income or assets. The spouse can’t maintain the standard of living they enjoyed during the marriage without the other spouse’s income or assets
What is post-separation support?
Postseparation Support is basically temporary Alimony. It is spousal support that is paid until a specified date determined by the Court or the agreement of the parties. Post-Separation Support is simply an award which is made relatively early in the litigation process in order to make sure that if there is a dependent spouse, that spouse has his or her needs met well before his or her Alimony claim is heard by the Court. A party must be a “dependent spouse” before post separation support can be ordered.
Postseparation Support – Postseparation Support laws were enacted in North Carolina effective October 1, 1995 and applicable to actions filed on or after that date.
North Carolina no longer has temporary alimony but has changed the terminology to postseparation support or “PSS.” The purpose of PSS is to prevent the more financially secure party from starving out the less financially secure party and forcing that party into an unfair property settlement agreement. If one party is found to be financially dependent on the other spouse that party is designated a “dependent spouse” and is entitled to an award of temporary support from the “supporting spouse.” This award may also include an order requiring the supporting spouse to pay a portion of the dependent spouse’s attorney fees. PSS is determined on the economic circumstances of the parties; however, in certain cases, adultery or other marital misconduct may be considered in determining the award or denial of PSS.
The court may award Post Separation Support based upon the following:
- Financial needs of the parties;
- Accustomed standard of living;
- Present employment income and other recurring earnings of each party from any source;
- Earning abilities of both spouses;
- Separate and marital debt service obligations;
- Necessary living expenses of both parties;
- Each party’s respective legal obligations to support any other person; and Pre-separation marital misconduct of both parties.
While postseparation support is temporary in nature and is designed to put the parties on equal footing, alimony is designed to be more long term or permanent in nature. Like PSS, the court, after considering all relevant factors, will determine the duration and amount of alimony.
Before a court will award one party or the other alimony, you must:
- Be the dependent spouse, which means you are actually and substantially dependent upon the other spouse for support or substantially in need of support from the other spouse; and
- It must be equitable or fair to award the dependent spouse alimony. Equitable is determined according to the following relevant factors:
• Financial needs of the parties;
• Accustomed standard of living;
• Present employment income and other recurring earnings of each party from any source;
• Earning abilities of both spouses;
• Separate and marital debt service obligations
• Living expenses of both parties necessary for support of both; and
• Each party’s respective legal obligations to support any other person
Illicit sexual behavior in entitlement of Alimony
(a) If you are the dependent spouse and you engaged in uncondoned illicit sexual behavior during the marriage and prior to the date of separation, you will not receive alimony unless the supporting spouse also participated in an act of uncondoned illicit sexual behavior during the marriage and prior to the date of separation.
(b) If you are the supporting spouse, your spouse shall be entitled to alimony if you engaged in an uncondoned illicit sexual act during the marriage and prior to or on the date of separation (and the dependent spouse is not guilty of the same conduct).
If both spouses have engaged in an uncondoned illicit sexual act, then alimony may be denied or awarded in the discretion of the court after consideration of all the other circumstances.
The trial Judge decides the amount, duration and manner of payment of permanent alimony.
The relevant factors the court must consider in determining the manner, amount and duration of payment of permanent alimony are:
- The marital misconduct of either of the spouses, which may be determined by a jury (see marital misconduct under Postseparation Support; the factors are the same);
- The relative earnings and earning capacities of the spouses;
- The ages and the physical, mental and emotional conditions of the spouses;
- The amount and source of earned and unearned income of both spouses, including, but not limited to, earnings, dividends and benefits such as medical, retirement, insurance, social security or others;
- The duration of the marriage;
- The contribution by one spouse to the education, training or increased earning power of the other spouse;
- The extent to which the earning power, expenses or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
- The standard of living of the spouses established during the marriage;
- The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking Alimony to find employment to meet his or her reasonable economic needs;
- The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
- The property brought to the marriage by either spouse;
- The contribution of a spouse as homemaker;
- The relative needs of the spouses;
- The Federal and State tax ramifications of the alimony award; and
- Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
Alimony or Post separation Support can be modified or terminated by the court upon a showing of material and substantial change in circumstances since the entry of the order.
Alimony or Postseparation Support terminates upon the death of either party, upon the remarriage of recipient spouse, or upon cohabitation of the recipient spouse.
Cohabitation occurs when two adults’ dwell together continuously and habitually in a private heterosexual or homosexual relationship. When dealing with the issue of cohabitation, the old adage – if it looks like a duck, sounds like a duck, and acts like a duck, then it is probably a duck – applies. So, if you and your new partner look like you are married, and act like you are married, you probably are cohabiting in the eyes of the Court.
What is alimony?
Alimony is the money the court orders you to pay to a spouse or ex-spouse, or the financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is also sometimes called spousal support.
What is separate maintenance?
Separate maintenance is financial support paid from one spouse to the other while they are still married to one another.
The court will order separate maintenance only if the spouse with money fails or refuses to support the other spouse and the other spouse is in "genuine need."
Separate maintenance is used when the spouses do not want to get a divorce, but want to live apart or to get a legal separation.
What is the purpose of alimony?
To provide "reasonable and necessary" support. The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
What do I do if I want alimony?
You can ask for alimony as part of a divorce proceeding.
If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order.
If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
Click here for a Complaint for Divorce that you can fill out on the computer. It includes a section where you can ask for alimony. You will still need to file it with the court after you fill it out.
What if I don't ask for alimony during the divorce, but later I decide I need it?
You must request alimony prior to the entry of a judgment of divorce. If you do not have a claim for alimony pending prior to the entry of a judgment of divorce, you can lose your claim for alimony forever.
What do I do if my spouse wants alimony but I don't think I can pay, or I don't think he or she needs financial support from me?
When one of the parties in a divorce or separation wants alimony but the other party does not agree, the judge will decide if an alimony award should be made and if so, for how much.
Can men ask for alimony?
Yes. Either spouse can ask the court to award alimony.
How long can I receive alimony?
You and your spouse can agree to include the length of your alimony arrangement in the court order.
If you do not agree, the judge will decide what is appropriate for your situation.
What if I am receiving alimony and I get remarried?
If you are receiving alimony and you get remarried, your alimony will come to an end.
What if my spouse agrees to pay me alimony?
Parties may agree to any alimony arrangement that they wish without having to have the judge decide the issue.
What if my spouse disagrees with me about alimony?
You can ask the court to decide. The Court may require either party to pay alimony "if it seems just and proper." The judge will look at all of the relevant factors in your situation. The law states that those factors include:
• Your ability to support yourself;
• Time necessary for you to get a job or get training so you can become employed;
• The standard of living established during the marriage;
• Length of the marriage;
• Circumstances leading to the separation;
• Each party's age;
• Physical and mental condition of each party;
• Ability of the spouse paying alimony to support him or herself while making payments;
• Financial needs and resources of each party, including income, income from assets, potential income, previous awards of child support, financial obligations of each party, rights of each part to receive retirement benefits, and taxability or non-taxability of income.
What do I do if my former spouse is behind in alimony payments?
If your former spouse is behind in alimony payments, you can file a motion for contempt and ask the court to take steps to enforce the order.
Can my alimony order be changed after the divorce?
Alimony established by court order may be modified if there has been a change in circumstances. The party seeking the modification must return to the court that granted the order to file for the modification.
For what reasons might a judge change an alimony award after the divorce?
The judge may modify an alimony award if the ability of the paying ex-spouse to make payments has changed or if there has been a change in the needs of the person receiving the payments.
N.C.G.S.§ 50-16.7(a)
Alimony or postseparation support shall be paid by lump sum payment, periodic payments, income withholding, or by transfer of title or possession of personal property or any interest therein, or a security interest in or possession of real property, as the court may order. The court may order the transfer of title to real property solely owned by the obligor in payment of lump-sum payments of alimony or postseparation support or in payment of arrearages of alimony or postseparation support so long as the net value of the interest in the property being transferred does not exceed the amount of the arrearage being satisfied. In every case in which either alimony or postseparation support is allowed and provision is also made for support of minor children, the order shall separately state and identify each allowance
N.C.G.S.§ 50-16.7(b)
The court may require the supporting spouse to secure the payment of alimony or postseparation support so ordered by means of a bond, mortgage, or deed of trust, or any other means ordinarily used to secure an obligation to pay money or transfer property, or by requiring the supporting spouse to execute an assignment of wages, salary, or other income due or to become due.
N.C.G.S.§ 50-16.7(c)
The court may require the supporting spouse to secure the payment of alimony or postseparation support so ordered by means of a bond, mortgage, or deed of trust, or any other means ordinarily used to secure an obligation to pay money or transfer property, or by requiring the supporting spouse to execute an assignment of wages, salary, or other income due or to become due.
N.C.G.S.§ 50-16.7(d)
The remedy of arrest and bail, as provided in Article 34 of Chapter 1 of the General Statutes, shall be available in actions for alimony or postseparation support as in other cases.
N.C.G.S.§ 50-16.7(e)
The remedies of attachment and garnishment, as provided in Article 35 of Chapter 1 and Article 9 of Chapter 110 of the General Statutes, shall be available in actions for alimony or postseparation support as in other cases, and for such purposes the dependent spouse shall be deemed a creditor of the supporting spouse.
N.C.G.S.§ 50-16.7(f)
The remedy of injunction, as provided in Article 37 of Chapter 1 of the General Statutes and G.S. 1A-1, Rule 65, shall be available in actions for alimony or postseparation support as in other cases.
N.C.G.S.§ 50-16.7(g)
Receivers, as provided in Article 38 of Chapter 1 of the General Statutes, may be appointed in actions for alimony or postseparation support as in other cases.
N.C.G.S.§ 50-16.7(h)
A dependent spouse for whose benefit an order for the payment of alimony or postseparation support has been entered shall be a creditor within the meaning of Article 3A of Chapter 39 of the General Statutes pertaining to voidable transactions.
N.C.G.S.§ 50-16.7(i)
A judgment for alimony or postseparation support obtained in an action therefor shall not be a lien against real property unless the judgment expressly so provides, sets out the amount of the lien in a sum certain, and adequately describes the real property affected; but past-due periodic payments may by motion in the cause or by a separate action be reduced to judgment which shall be a lien as other judgments.
N.C.G.S.§ 50-16.7(j)
Any order for the payment of alimony or postseparation support is enforceable by proceedings for civil contempt, and its disobedience may be punished by proceedings for criminal contempt, as provided in Chapter 5A of the General Statutes. Notwithstanding the provisions of G.S. 1-294 or G.S. 1-289, an order for the periodic payment of alimony that has been appealed to the appellate division is enforceable in the trial court by proceedings for civil contempt during the pendency of the appeal. Upon motion of an aggrieved party, the court of the appellate division in which the appeal is pending may stay any order for civil contempt entered for alimony until the appeal is decided if justice requires.
N.C.G.S.§ 50-16.7(k)
The remedies provided by Chapter 1 of the General Statutes Article 28, Execution; Article 29B, Execution Sales; and Article 31, Supplemental Proceedings, shall be available for the enforcement of judgments for alimony and postseparation support as in other cases, but G.S. 50-16.7 Page 2 amounts so payable shall not constitute a debt as to which property is exempt from execution as provided in Article 16 of Chapter 1C of the General Statutes.
N.C.G.S.§ 50-16.7(l)
The specific enumeration of remedies in this section shall not constitute a bar to remedies otherwise available.
N.C.G.S.§ 50-16.7(l1)
The dependent spouse may apply to the court for an order of income withholding for current or delinquent payments of alimony or postseparation support or for any portion of the payments. If the court orders income withholding, a notice of obligation to withhold shall be served on the payor as required by G.S. 1A-1, Rule 4, Rules of Civil Procedure. Copies of the notice shall be filed with the clerk of court and served upon the supporting spouse by first-class mail. (1967, c. 1152, s. 2; 1969, c. 541, s. 5; c. 895, s. 18; 1977, c. 711, s. 26; 1985, c. 482, s. 1; c. 689, s. 18; 1995 c. 319, s. 5; 1998-176, ss. 2, 3; 1999-456, s. 14; 2015-23, s. 3.)
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David is an amazing attorney. I was going through a very difficult time after separating from my significant other. We had major differences of opinion on custody, and equitable distribution. I was a mess. I came to David and he listened attentively, and reassured me. He really went to bat for me in court and I always felt supported. David also gave me a very fair rate, he definitely earned it. I would recommend David to anyone who values a trustworthy advocate, and an earnest man.
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I have used Michael Romano as an attorney on two occasions and was very pleased with the results both times. I was impressed by his sensitivity with all the issues involved and his understanding of my concerns. He was very thorough in obtaining all the facts and presenting them well in court. He was always available to answer my questions and address all the issues that arose. I would highly recommend Mr. Romano. He is an excellent attorney.
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This is the best law firm I have worked with during my rough time (divorce). I had setup an appointment for consultation and I was amazed how honest and upfront he was on my case. I like to work with people (lawyer in this case) who tell me upfront what I am up against. So I hired him as my lawyer and my case turned out to be exactly what he had told me in the beginning. One thing I will tell is your case will turnout the way he tells you in your consultation as long as you are honest with him.
Nilay
Trust. Respect. Strategist. Thoroughness. Problem Solver. A good listener. These are the words that describe my experience working with you as my attorney. From the first phone call back in the summer of 2009 when I introduced my case to you, you listened to everything I had to share and then explained the process thoroughly to me.
Once we started working together I felt that I was fully represented. What is most important to me is that you listened to me as your client. You did not take a cookie cutter approach to my case. To prevail in my case you took an effective strategic approach and thought outside the box to come up with a solution that brought about the best possible outcome.
This is why I will continue to refer acquaintances and friends to you (Michael Romano) so that they can receive the highest legal representation that Charlotte has to offer.
Robert
Toni is the BEST !
Lanautica Dubose
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
Clinton
After some fairly extensive due diligence, I selected Krusch & Sellers, P.A. to represent me during my divorce. I selected the firm based upon their experience, track record, and exclusive focus in the area of Family Law. David Krusch was fresh out of law school and to be perfectly honest, I chose him to represent me because money was tight and at the time his fee was below market. No doubt that below market rate is rising rapidly - as it should in my opinion. He did an excellent job representing me throughout. He is capable and effective beyond his years. I highly recommend Krusch & Sellers, P.A. in general and David Krusch in particular.
Thomas
Absolutely amazing Law Firm. I had the pleasure of having Toni Primiano represent me for a custody battle. Hands down the best experience I could have asked for. She was a bulldog in the courtroom and was able to help keep me level headed during our 3.5 year battle! I will continue to use Plumides, Romano, and Johnson for all of my attorney needs!
Cody Eastin
David was extremely helpful. He handled things fast and honestly cared about my situation. I am grateful and would recommend David to any friend!
Tony
Some things to consider when hiring a Family Law attorney. REF: Michael Romano ........ 1: The caliber of an attorney to include knowledge and experience and 2: Who the opposing counsel is. ... You need an attorney who doesn't shy away from a tough family court case. You need an attorney who knows how to counter an unethical attorney's entire argument. You need an attorney who is competent and relentless in the attempts to properly stand for you. You need Attorney Michael Romano .... You have to decide what you value in this life. You have to decide what you are willing to spend when it comes to your kids. If you treat this process (seeking custody of your kid(s), modifications, etc.) as an investment, your return on investment will be the precious time with your kids. You will spend money in family court, but is it worth it to you? For me, my kids come before everything so that question was easy for me to answer.
Armando Rojas
In 2007, after having primary physical custody of my daughter since her father left me five years earlier, my ex-husband remarried and decided that he would rather take my daughter from me than pay an increase in child support so he sued me for full physical custody of my daughter and I needed a good attorney. I have worked for law firms for the past twenty years and Michael Romano came highly recommended to me by a firm that I worked for three years prior.
My initial consultation with Michael was in November of 2007, and I was impressed from the very start. I had no doubt that he was highly capable and retained him immediately. Shortly thereafter, I was introduced to his paralegal, Stacey Elegado, and was just as impressed with her. Since then, Michael and Stacey have been with me every step of the way.
Every e-mail and every phone call was returned and there were no questions left unanswered. Michael and Stacey have always been there for me no matter how small or large my concern was at the time. They made it their priority to set my mind at ease and were always able to do so.
What I have learned, after watching them protect the interests of my daughter and me and what has impressed me almost as much, (if not more) than their knowledge and skill, is the fact that they truly care for their clients. That is something that you need when you are going through one of the hardest times in your life, not only knowledgeable people, but good caring people. That is what you will find in Michael and Stacey.
It has not been merely a business relationship; it has been far more than that. They have become like family and are there whenever we need them and have never let us down. I have trusted them to protect us and they have done that over and over. I would recommend them to anyone seeking a good, reputable, trustworthy firm for any type of domestic dispute.
The corporate attorneys that I now work for in a large firm have been so impressed with the job that they have done for me that they asked me to put Michael and Stacey in our firm's database so they can refer Michael and Stacey when their corporate clients ask for referrals for a good domestic attorney.
Lisa
I have known Michael Romano for approximately 8 years, since I contracted him to represent me as my attorney in a Child Custody battle that I was going through with my son’s father.
Before I met Mr. Romano, I had been dealing with my son’s father for about 6 years and had gone thru 2 prior attorneys and kept finding myself in and out of court non-stop. I had already spent thousands and thousands of dollars and it just seemed like I kept going in a continuous circle and I could never find the ending to the nerve wrecking moments and headaches I was dealing with.
I wanted an assertive and aggressive attorney, but yet professional. One that didn’t beat around the bush! I wanted someone that spoke to me in layman’s terms and someone that was compassionate about the problems I was dealing with. I wanted an attorney that I didn’t feel like I was being ripped off with my money, and at the same time I could see the work of his representation being paid off.
Michael was recommended to me by a family friend. I can honestly say that it was one of the best decisions that I made the day that I contracted his services so that he and his firm can represent me. They always say it takes a first look to make a first impression. Michael demonstrated to be what you would call a “Great Attorney.” He was professional, straight forward, reasonably priced, honest, yet firm in a positive manner. He demonstrated to be well educated on how the North Carolina legal system works. Michael immediately started working on my case and in no time he won it. But the best part of this for me was that he also kept my son’s dad off my back this time, but for good. At the end of my case, it didn’t only save me from any additional headaches, sleepless nights and stressful moments, but it saved me a lot of money and time. I was set free and in peace!
Since then Michael has also represented me with other domestic issues, since I had remarried. And again, Michael has been able to perform and help me with the legal services for which I contracted him for. I am forever grateful to Mr. Romano and would only hope that there are many more attorneys that practice and perform their legal ethics the way Michael Romano does.
When I am asked by someone which attorney that practices Family and Divorce Law I highly recommend, I never think twice about giving the person Michael Romano’s name and telephone number. He is indeed a successful entrepreneur in our community and in the State of North Carolina and I commend him for of all his achievements and the legal representation that he performs himself and through his firm.
It is with great pleasure that I highly recommend Michael Romano and Family Law Associates in Charlotte, North Carolina.
Eneida
Over the past year, you and Stacy have been so wonderful. Since the day I first walked into your office you addressed my concerns, met my needs, worked with me and listened to everything I said. There have been times that I had concerns and worries; however, each of those times you quickly addressed those issues. I have and highly recommended your services to many people, one of whom has been or still is a client and I will continue to recommend your office to whoever is looking for a great attorney. Thank you Mr. Romano and your entire staff for all you have done for me and my family.
Patricia