FAQs
Alimony & Postseparation Support FAQs
What is alimony?
Are there different types of alimony?
Do I qualify for alimony?
When do I need to file for alimony?
How much alimony will I receive?
What is alimony?
Alimony is money provided by the higher-income spouse in a divorce
action to the lower-income spouse for living expenses. It is also
known as spousal support. This support is in addition to the money
provided for child support. Alimony is tax deductible by the person
who pays it and is included in the taxable income of the person who
receives it.
Are there different types of alimony?
There are three types of alimony, including:
· Temporary alimony – a type of alimony awarded pending a divorce or
following separation. Temporary alimony consists of payments that
include enough money to participate in the lawsuit and to take care
of needs until permanent alimony can be established. In North
Carolina, such temporary alimony is also called postseparation
support.
· Permanent alimony – a type of alimony awarded after divorce.
Permanent alimony consists of regular payments that may change in
amount or may end if the receiving party remarries, cohabits, or
dies.
· Lump sum alimony – also known as alimony in gross. Some states
allow lump sum alimony payments that permit spouses to pay their
alimony all at once.
Do I qualify for alimony?
The general rule is that one spouse is dependent when he or she
makes less money than the other spouse. A dependent spouse is one
who is substantially dependent upon the other spouse for his or her
maintenance and support, or who is substantially in need of
maintenance and support from the other spouse. A supporting spouse
pays alimony to a dependent spouse when the court deems it necessary
after considering all of the statutory factors.
When do I need to file for alimony?
Alimony must be requested before a divorce is granted. Failure to
bring an alimony claim before entry of a divorce judgment will bar
the spouse from bringing a claim for alimony later. According to
North Carolina law, “a judgment of absolute divorce obtained by
either spouse in an action eliminates the dependent spouse's right
to alimony unless a claim for alimony has been asserted and left
pending prior to the judgment, either in that action or an earlier
action.”
How much alimony will I receive?
The amount of alimony you receive varies. The amount of alimony is
based upon on the standard of living existing during the marriage,
and upon the dependent spouse’s needs and the supporting spouse's
ability to pay.
For more information on Alimony and Postseparation Support, please see our Alimony page.
For additional questions, contact Tash & Kurtz, PLLC.
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