how can a spouse get alimony

Asked on June 10, 2009 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Only a dependent spouse is eligible to receive post-separation support and/or alimony in North Carolina. The state statutes define a dependent spouse as “a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.” Without economic dependency, a spouse is not entitled to a judicial award of post-separation support or alimony in North Carolina.

“Post Separation Support” is the term in the North Carolina statutes for funds paid to a dependent spouse by the other spouse until the earlier of either the date specified in the order of post-separation support, or an order awarding or denying alimony. Spouses can also enter into a voluntary agreement regarding post-separation support with any terms and conditions they choose.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.