Monroe Alimony Attorney

Helping Clients in Union County and the Surrounding Areas

Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. Alimony is not awarded in every divorce case, and the amount and duration of alimony payments can vary widely.

At Zach Jackson Law, we understand the complexities of alimony law in North Carolina. Our Monroe alimony lawyer can help you understand your rights and options, as well as work to protect your best interests throughout the legal process. We are committed to providing you with the personalized legal guidance you need and the compassionate support you deserve.

For experienced legal representation in your alimony case, call (704) 734-9828 or contact us online today. We offer free initial consultations.

How Is Alimony Determined in North Carolina?

North Carolina courts have broad discretion when it comes to determining whether to award alimony and, if so, how much to award and for how long. There are no specific alimony guidelines in North Carolina, as there are for child support. Instead, the court will consider a variety of factors when making an alimony determination.

Some of the factors the court will consider include:

• The length of the marriage
• The age and health of each spouse
• The income and earning capacity of each spouse
• The standard of living enjoyed during the marriage
• The financial needs of each spouse
• The financial resources of each spouse
• Whether one spouse contributed to the other’s education or career
• Whether one spouse contributed to the other’s increased earning capacity
• Whether one spouse contributed to the other’s household
• Whether one spouse engaged in marital misconduct

It is important to note that the court will not consider marital misconduct when making an alimony determination if the misconduct was the cause of the breakdown of the marriage and the reason for the divorce. In other words, if one spouse cheated on the other and that is why the couple is getting divorced, the court will not consider the affair when making an alimony determination.

How Long Does Alimony Last in North Carolina?

North Carolina courts can award alimony for a specific period of time or indefinitely. If the court awards alimony for a specific period of time, the alimony order will state the date on which the payments will end. If the court awards alimony indefinitely, the alimony order will not state an end date, and the paying spouse will be required to make alimony payments until the court modifies the order or the receiving spouse dies or remarries.

It is important to note that, in North Carolina, alimony payments automatically terminate upon the death of either spouse. Additionally, if the receiving spouse is living with a new romantic partner, the paying spouse can petition the court to modify or terminate the alimony order.

Can Alimony Be Modified in North Carolina?

Yes, alimony can be modified in North Carolina. Either spouse can petition the court to modify the alimony order if there has been a substantial change in circumstances. For example, if the paying spouse loses their job or becomes disabled, they may be able to have their alimony payments reduced or terminated. Conversely, if the receiving spouse loses their job or becomes disabled, they may be able to have their alimony payments increased.

It is important to note that, in North Carolina, the court will not modify an alimony order if the change in circumstances was foreseeable at the time the order was issued. For example, if the paying spouse voluntarily quits their job, the court will not modify the alimony order. However, if the paying spouse is laid off from their job, the court may be willing to modify the alimony order.

Can Alimony Be Waived in North Carolina?

Yes, alimony can be waived in North Carolina. In fact, the court will not award alimony if the parties have a valid prenuptial or postnuptial agreement that waives alimony. A prenuptial or postnuptial agreement is a legally binding contract that the parties enter into before or after the marriage. The agreement can address a variety of issues, including alimony.

However, the court will not enforce a prenuptial or postnuptial agreement if it is unconscionable or unfair. For example, if the agreement waives alimony for the lower-earning spouse but provides the higher-earning spouse with a significant amount of property, the court may find the agreement to be unconscionable and refuse to enforce it.

How Does Alimony Affect Taxes?

Under the Tax Cuts and Jobs Act (TCJA), which was signed into law in December 2017, alimony is no longer tax-deductible for the paying spouse and no longer taxable for the receiving spouse. This change only applies to alimony orders that are issued or modified after December 31, 2018. For alimony orders that were issued or modified before this date, the old tax rules still apply.

Under the old tax rules, alimony is tax-deductible for the paying spouse and taxable for the receiving spouse. This means that the paying spouse can deduct the alimony payments from their taxable income, which can help them save money on their taxes. Conversely, the receiving spouse must report the alimony payments as taxable income, which can increase their tax liability.

How Our Firm Can Help

At Zach Jackson Law, we understand the complexities of alimony law in North Carolina. Our Monroe alimony attorney can help you understand your rights and options, as well as work to protect your best interests throughout the legal process. We are committed to providing you with the personalized legal guidance you need and the compassionate support you deserve.

When you choose our firm, you can expect:

• Compassionate, one-on-one attention
• Customized legal strategies
• Open and honest communication
• Aggressive representation in and out of the courtroom

Whether you are seeking alimony or are being asked to pay alimony, we can help. Our Monroe alimony lawyer can guide you through the legal process and help you make well-informed decisions about the future. We are prepared to fight for you and your best interests every step of the way.

Call (704) 734-9828 or contact us online to schedule a free consultation with our alimony attorney in Monroe. We are available to assist you with all of your family law needs.