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Welcome
to the website for the Williams Law Group, PC. This page
provides information related to North Carolina alimony laws
and our firm. We serve our clients from offices in Johnston
County and Wake County, NC, and have assisted people with
Family Law matters including, divorce and separation,
alimony, support, temporary or permanent legal custody,
physical custody, visitation and access, modification of
custody, paternity and guardianship. The Williams Law Group,
PC advantage is our strong familiarity with the local court
system, domestic law, and a dedication to compassionate and
professional client-attorney relationships. Divorce and
separation are emotional subjects and your financial
stability during this time can alleviate unneeded stress.
Our firm will work to get you and your family what they
deserve to assure that you will be able to move forward with
your life after separation and divorce. Our legal
professionals have one goal; to provide competent and
compassionate legal help to our clients. While
divorce may terminate the marital relationship, it does not
necessarily end the couple’s financial ties. If one party
is substantially dependant on the income of the other spouse
then that party may be a “dependant spouse” and the
other party will be the “supporting spouse.” The
supporting spouse will pay alimony to the dependant spouse.
Alimony refers to monies paid by one spouse for the benefit
of the other spouse and the amount and duration is usually
the main issue. You will often hear the terms post
separation support and/or alimony. Post separation support
is “interim” alimony that is used to allow the dependant
spouse to subsist during the divorce process but is
essentially a monthly payment like alimony. As
with the other issues surrounding a divorce or separation
there are two ways alimony and/or post separation support
can be determined and resolved. First, the parties may come
to an agreement in a separation agreement whereby the amount
and duration of the payments are mutually agreed. This is
the less costly, quickest, and less stressful of the two
alternatives as the parties are able to control the outcome.
If the parties are unable to come to a mutual agreement, the
court system would be the mechanism for having alimony
and/or post separation support determined. One of the
parties would file a complaint for alimony and/or post
separation support and the judge would make the ruling based
on the facts before him/her. Filing a lawsuit is usually the
more costly, more stressful, and time consuming option, but
in some cases the parties are left with no alternatives;
however, it is in the family’s best interest to come to an
agreement outside of court if possible. If
the case proceeds to 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, then the issue shifts to the amount
and duration of the alimony and/or post separation support
award. With post separation support the court usually looks
at just 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 when other factors will be
considered by the court. The factors a court may consider in
making an award of permanent alimony include:
- Marital
misconduct (ie an affair)
- 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
It is
important that early in the divorce/separation process you
begin keeping track of your financial information and begin
compiling documents that your attorney may ask for. The
financial affidavit is the main document that the court will
look at in making the determination of the amount of alimony
and can be used as a guide if the parties are working toward a
separation agreement. Your attorney can give you guidance in
making sure you fill our the document correctly.
If
you are currently involved in a divorce/separation and
finances are going to be an issue, there are laws to protect
your rights whether you are the dependant or supporting
spouse. Please contact our office today for legal help in your
separation, divorce or alimony matters. The Williams Law
Group, PC will use proven legal strategies, strong evidence
and aggressive negotiating to ensure that you present the
strongest case. We can be reached at (919)773-1440 or via
email at: info@NCdivorcelaw.com. |
