Who Is Entitled To Spousal Support?
One of the most complicated tasks you will face during a divorce is separating your assets and untangling the life you have built together. Sometimes one spouse makes substantially more money than another or one spouse stayed home to raise children while the other worked. These factors can affect whether one spouse receives spousal support, also referred to as alimony.
At Dickerson Law Firm, our father-daughter attorney team has over 60 years of combined legal experience helping families in Hillsborough and the surrounding area through divorce matters and other family law issues. We are ready to help you understand North Carolina divorce laws and discover if spousal support will play a role in your divorce.
North Carolina Laws On Spousal Support
North Carolina law looks at up to 16 factors to determine whether the “supporting spouse” will make payments to the “dependent spouse.” Note that the court considers child support separately from alimony. Factors regarding alimony may include:
- Each spouse’s earning capacity and other sources of income
- The relative health and age of each spouse
- The duration of the marriage
- The education of each spouse
These are just a few of the many factors considered. Note that the dependent spouse does not have to prove that the supporting spouse committed any type of fault in the marriage to receive alimony payments, though the court can consider such evidence. The court may also consider fault on the part of the dependent spouse when making the determination.
In the past, the supporting spouse could deduct alimony from his or her federal income taxes. The Tax Cuts and Jobs Act that went into effect in 2018 states that a supporting spouse can no longer deduct those payments for any divorce finalized after Dec. 31, 2018. In addition, the dependent spouse no longer has to report the payments as income.
Our attorneys are happy to review the specific factors in your case to determine the likely outcome of your situation. Whether you think you may end up paying or receiving payments, we will discuss all of your options. We can help you negotiate alimony if you and your spouse create a settlement agreement, or we can argue on your behalf in court.
We Can Take The Confusion Out Of Spousal Support
Divorce is stressful and confusing for everyone. At Dickerson Law Firm, we understand that your ability to support yourself is on the line. We are here to help you get through it, one step at a time. We will take the time to explain your situation and your options.