North Carolina Divorce Lawyers Blog

Articles Posted in Alimony

Published on:

By

Spousal support can be awarded in North Carolina divorces if the court determines that such payments are necessary for the maintenance of a lesser-earning or dependent spouse. The terms of support vary from case to case, but the court may award payments for a set or indefinite period of time. Continue reading →

Published on:

By

When awarding spousal support in North Carolina, courts must look at various factors to determine not just if support is appropriate but also how much to award and for how long. Continue reading →

Published on:

By

When one spouse in a divorce makes considerably more money than the other spouse, alimony (or spousal support) may be awarded to the spouse who earns less. This spousal support will vary in amount depending on the finances and assets of the husbands and wives, and it can come with various stipulations, including timeframes. Continue reading →

Published on:

By

North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is yes.

Continue reading →

Published on:

By

ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to modify the alimony arrangement, but the court denied the motion, citing unchanged financial circumstances. In 2018, the Defendant, who was working as a transportation driver for Richard Petty Racing, filed another motion to modify alimony, claiming a reduced income and increased expenses due to rising rent, housing, and vehicle costs. Plaintiff initiated a show cause order against the Defendant for not fully paying alimony from January 2019. In January 2020, a memorandum of judgment led to a reduction of the Defendant’s monthly alimony obligation by $100. However, by mid-2020, the Defendant once again failed to fully pay alimony, prompting another show cause order. In December 2020, the Defendant filed another motion to modify alimony, stating he was furloughed and later terminated, incurring unforeseen expenses and borrowing against his retirement account. At a hearing in March 2022, Defendant testified about his employment history, reduced income, and efforts to secure new jobs. In June 2022, the court issued an Alimony Order, finding a substantial change in circumstances and reducing the Defendant’s monthly alimony obligation to $600. A Contempt Order was also issued, stating the Defendant’s arrearage and ordering him to pay $100 per month until the debt was cleared. Both parties appealed these orders.

Continue reading →

Published on:

By

Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Continue reading →

Published on:

By

In a significant move that has been years in the making, Florida Governor Ron DeSantis recently signed a measure that will bring about significant changes to the state’s alimony laws. The newly approved measure, known as SB 1416, eliminates permanent alimony and introduces a formula-based approach to determine alimony amounts based on the length of the marriage.

The elimination of permanent alimony has been a contentious issue that sparked emotional clashes and tearful testimonies from both sides. Proponents of the reform, such as the organization Florida Family Fairness, applaud the move, asserting that it provides a clearer framework and safeguards the right to retire for existing alimony payers. They argue that ending permanent alimony is a step forward for Florida families. Continue reading →

Published on:

By

Divorce is often an emotionally and financially draining experience. For spouses who spent all or part of their marriage economically dependent on their wife or husband, the monetary toll is unlikely to end after the divorce is finalized. Alimony is intended to lessen this financial impact and allow each spouse to maintain a standard of living similar to what they experienced during their marriage.

But how do courts decide when alimony should be awarded, and what are the factors that influence the amount and duration of support? Continue reading →