North Carolina recognizes two types of spousal support: post-separation support and alimony. Post-separation support is granted after the separation as temporary relief to the dependent spouse until an award of alimony is granted or denied. Alimony is awarded to the financially dependent spouse as a form of ongoing financial support. The term and amount can be agreed upon by the parties in a separation agreement or ordered by the court. If not addressed in a separation agreement, a claim of alimony must be made before a final divorce judgment is entered by the court. If not addressed in a separation agreement or entered with the court prior to the entry of divorce, alimony is deemed waived.
Spousal support payments can be taxable to the payee and deductible to the payor. An experienced attorney can assist you in determining the correct amount of spousal support, as all claims vary based on your financial situation. Please contact us to assess what amount of spousal support should be granted to you.