Alimony laws have changed a lot over the past few decades. There are many more dual-income families, couples are more likely to share child care responsibilities, and no-fault divorces are becoming more common. As such, alimony agreements are becoming more common as well.
Since laws vary by state, it’s important to find out how things work in yours. In North Carolina, the court may award alimony to a spouse who is substantially dependent on or substantially in need of support from the other spouse. They may also award it if the supporting spouse was responsible for the dissolution of the marriage.
How is alimony determined?
North Carolina’s alimony statute lists several factors for the court to consider. However, the truth is that determination of alimony is ultimately left up to the judge’s discretion. While judges take all factors into account, leaving it up to the court can mean both parties lose out on what they actually want.
Can we decide on our own?
Rather than letting the court make the decision about alimony, a Raleigh divorce attorney can help you work out an agreement instead. In fact, the law encourages divorcing couples to negotiate terms themselves rather than leaving it up to the judge. These terms include the right to receive alimony, how much is to be received, when the arrangement can be modified, and when it terminates.
Sometimes both parties decide to work out an alimony agreement themselves rather than letting the court decide. If so, then the agreement needs to be fair, reasonable, and just. The alimony agreement must be entered into without coercion or the exercise of undue influence. Both parties should also have full knowledge of all the circumstances, conditions, and rights.
As experienced attorneys, we can help you meet these requirements and come to an alimony agreement that meets your needs. Contact us for more information.
