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Read MoreUnder limited circumstances, it is possible to waive your alimony claim. One scenario is if the spouses enter into a premarital agreement that expressly bars the payment of alimony upon separation. Another scenario is when a judgment of absolute divorce is finalized before the dependent spouse fails to raise his or her claim for alimony.…
Read MoreNorth Carolina General Statute § 50-16.4 provides that the dependent spouse may recover his or her attorneys’ fees in both post-separation support and alimony cases. This statute provides that the supporting spouse may have to pay the reasonable attorneys’ fees incurred by the dependent spouse. This provides a strong incentive for the supporting spouse to…
Read MoreAn alimony award “may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party.” North Carolina General Statute § 50-16.9. Examples of scenarios that constitute changed circumstances include job loss, disability or illness, obtaining a higher paying job or any other factor that significantly…
Read MoreThe law firm of Hill Evans Jordan & Beatty, PLLC, is proud to announce that it has been included in U.S. News & World Report/Best Lawyers in America’s Best Law Firms 2018. The firm has been awarded the Metropolitan Tier 2 Award for both Family Law and Bankruptcy and Creditor Debtor Rights / Insolvency and…
Read MoreIn North Carolina, adultery affects the award of alimony differently depending on whether the adultery is committed by the supporting spouse or by the dependent spouse. If the dependent spouse committed adultery during the marriage and before the date of separation, then the court is prohibited from awarding alimony to the dependent spouse unless the…
Read MoreAlimony terminates at the earlier of (i) the date set by the court for termination, if any; (ii) the death of either party; or (iii) the remarriage or cohabitation of the dependent spouse. However, regardless of how long the court orders alimony to be paid, even if alimony is ordered on a permanent basis with…
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Read MoreAlimony can be awarded on a periodic basis, which is typically monthly, or in one or more lump sum payments. It can either be awarded for a specific period of time or can be awarded on a permanent basis (indefinitely). The specifics of an alimony award will depend on the facts of the case and…
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