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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

Alimony

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.

Family Law Contact

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    • Retaliation
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    • Social Security Disability
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    • Unpaid Wages
    • Whistleblower
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    • Wrongful Discharge
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    • Deceptive Trade Practices
    • Defective Products
    • False Claims Act
    • Personal Injury
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    • Absolute Divorce
    • Alimony
    • Family Law Appeals
    • Child Custody
    • Child Support
    • Domestic Violence
    • Mediation
    • Name Changes
    • Post Separation Support
    • Premarital Agreements
    • Property Division
    • Separation Agreements
    • Alienation of Affections
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Our Office

Our office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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