If you have an alimony matter in Wake County, North Carolina, Attorney David Schiller can represent you during the process.
The purpose of alimony is to provide an economically dependent spouse with income after the absolute divorce is granted.
The definition of supporting spouse and dependent spouse are the same as in post separation support. A “dependent spouse” is “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 or support from the other spouse.”
A “supporting spouse” is “a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support.”
The spouse seeking support has the burden of proving his or her financial dependency. The classification of supporting spouse and dependent spouse for alimony purposes is permanent after the order for alimony is entered. But, the statute provides for review of the label after the issue of the alimony award.
In an alimony hearing, adultery by the dependent spouse is an automatic bar to an alimony award. Adultery by the supporting spouse is automatic entitlement to an alimony award. When both parties have committed adulterous acts, alimony can be awarded at the Court’s discretion.
A successful dependent spouse in an alimony or post separation support claim may request the payment of reasonable attorney’s fees. The Court has discretion as to whether to award attorney’s fees.
Contact Attorney Schiller
Attorney David Schiller practices family law in Wake County — divorce, child custody and support, alimony, post-separation support, separation, pre-nuptial agreements, name changes, and appeals.
You are welcome to contact Mr. Schiller regarding your family law issue.
To schedule a consultation to discuss a family law issue, please telephone us at (919) 789-4677 or complete the contact form below.