Last week in the Legal Corner, we covered in some detail the issue of custody during a contested divorce. This week, let’s continue on the topic of contested divorces and discuss what the court considers when having to decide if a spouse is entitled to alimony or spousal support.

In North Carolina, a marriage is considered a form of a contract between two people. Thus, when the parties agree to terminate the contract, the conditions of the termination have to be appropriate and fair. Just like with any contract, when the parties choose to walk away or dissolve the agreement, the results of the termination should not negatively affect one party more than the other.

In cases of dissolved marriages in North Carolina, one spouse could be required to provide support to another spouse as one of the conditions of the divorce.

Spousal support is defined as payments or monetary obligations one spouse is ordered to make to another spouse, and it is administered by state law. Additionally, spousal support can be made in one lump sum or on an ongoing basis for a required period of time. In North Carolina, the court has the authority to award alimony or post-separation support as a result of a divorce.

Alimony is a term used to describe an order to make payments for the support and maintenance of a spouse or former spouse, and can be paid for a specific period of time or for an unspecified amount of time. Post-separation support is spousal support that a party either agrees or is ordered to pay once the parties have actually separated.

Post-separation support payments are made for a specific period time and only terminates when one of the following conditions occurs. The first condition includes the court ordering that the post-separation support payments will terminate on a specific date. The second condition occurs when the court enters the final divorce order and makes a determination concerning alimony. This means if the court awards alimony, then post-separation support payments will end and alimony payments will begin.

If the court does not award alimony, then post-separation payments will terminate and no additional payments will be required. The third condition includes the court entering a judgment or order for an absolute divorce and neither spouse made a request for alimony prior to the entry of the judgment. Lastly, post-separation support will terminate once the spouse receiving the payments or support either remarries, cohabitates or when either spouse dies.

North Carolina has certain rules and procedures established to assist the court with making decisions concerning spousal support. One of the rules includes requiring the court to first determine if there is a dependent spouse and a supporting spouse within the parties.

If the judge decides that one spouse is dependent and the other spouse is supporting, he or she will then have to consider several factors established by state law in order to determine whether to award alimony. Both parties are always encouraged to try to agree without the use of the court. But when the parties are unable to agree, the court will always make equitable decisions on behalf of both parties.

Please remember that this information is only meant to inform our readers. This article does not include all of the detailed laws and requirements related to spousal support in North Carolina. If you have any additional questions about North Carolina laws pertaining to spousal support and how to make a request in a divorce action, please consult an attorney. As always: Be informed. Be prepared.

Bellonora McCallum is an attorney at the McCallum Law Firm, PLLC, in Rockingham. Reach her at 910-730-4064 or visit www.mccallumlawfirm.com.