Are you eligible to receive, or are your required to pay alimony?
Prior to October 1, 1995 alimony was based on fault. A dependent spouse had to prove the supporting spouse committed adultery, was an abuser of alcohol or drugs, was violent, abandoned the innocent spouse or in other ways made his or her condition unbearable and intolerable. Since that date a spouse is entitled to alimony if that spouse is the dependent spouse and the other is the supporting spouse. Those terms are defined in NCGS 16.1A as follows:
“Dependent spouse” means 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 and support from the other spouse.
“Supporting spouse” means 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.
It’s always best to discuss a potential alimony issue with an experienced attorney before agreeing to anything and to have the attorney draft the Agreement. Weaver, Bennett & Bland, P.A.’s divorce and family law attorneys in the Charlotte area can assist you in determining the possibility of obtaining alimony, determining your exposure for paying alimony, and in prosecuting or defending an alimony claim.