Alimony Is Decided by Many Factors

In North Carolina and other states, a couple may choose to divorce for any number of reasons. For example, they may want financial independence or the ability to make a fresh start. Alimony is an issue that could come up during the divorce.

Age, health, and ability to enter the workforce are factors a judge could use in determining alimony provisions. If someone has never worked or hasn’t done so in a long time, the person may need spousal support for living expenses. A judge could determine that someone has prior experience in a job and require them to go back to work using that experience. Some people decide to refuse spousal support for their own reasons.

Financial support of one spouse by the other could involve factors such as one’s ability to pay alimony as well as the standard of living while in the marriage. Domestic violence during the marriage may also be taken into consideration. A spouse that has a history or criminal conviction of domestic violence will have little chance of receiving alimony. The duration of the marriage could be taken into consideration as well as the gross monthly income of each person. Other options are an agreement between the two on alimony payments or a buy-out to halt monthly payments.

If a person is going through a divorce, an experienced divorce attorney could help them understand their options. The lawyer may be able to argue that one spouse needs financial support and is accustomed to a certain standard of living. The lawyer could also show a court that one spouse does not need alimony. An attorney knows the laws in their state and could fight for their client’s rights.

Source: Huffington Post, “Divorce Confidential: Alimony — Are You On The Hook?”, Caroline Choi, Nov. 13, 2015