Will a family law court order spousal support after a separation but before a divorce?
Post separation support and alimony can be agreed upon by the parties or can be established by the court after a hearing. If a claim for alimony and/or post separation support has been made, financial documentation will need to be exchanged by the parties and documentation related to alleged marital misconduct may be sought.
Is alimony taxable?
As a general rule, payments designated as alimony or post separation support are taxable income to the recipient and deductible by the payer. However, certain circumstances can prevent the payments from being tax deductible to the payer.
How are alimony payments structured?
Payments for spousal support can be made by lump sum or periodic payments, which are often made on a monthly basis. Alimony payments end upon the first of the following: a specific number of payments or date; remarriage by the recipient, cohabitation by the recipient, or the death of either party.
When might marital misconduct influence alimony?
Marital misconduct includes acts on or before the date of separation such as: illicit sexual behavior, involuntary separation of spouses due to a criminal act, abandonment of the other spouse, malicious turning out of doors, cruel or barbarous treatment endangering the life of the other, indignities rendering the condition of the spouse intolerable or life burdensome, reckless spending, excessive use of alcohol or drugs, and willful failure to provide necessary subsistence according to one’s means and condition. Marital misconduct can impact the amount and duration of alimony, and may bar a claim for alimony.
What if I can no longer afford to pay my alimony obligation?
If your financial circumstances have changed, it may be possible to modify your alimony obligation.
Ask your own questions about alimony North Carolina. Consult with one of our family law attorneys at Vitale Family Law in Raleigh. Our phone number is 919-841-5680. You can also reach us by email through this website.