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North Carolina Attorneys Advocate for Fair Alimony Decisions

Asheville lawyers handle disputes over payments to former spouses

In many marriages, one spouse is financially dependent for reasons such as earning ability or a choice the couple made to have one partner stay home to take care of the home and children. When these marriages end, North Carolina law empowers courts to award alimony to the dependent spouse, but the process of making these decisions can be complicated and contentious. At The Moore Law Office, PLLC in Asheville, our attorneys deliver effective guidance to divorcing spouses so they can understand the relevant factors in spousal support determinations and make sound decisions regarding their financial planning. With 50 years of combined legal experience, our lawyers know how to demonstrate where actual need exists and what type of training or education might be required to make someone financially independent. If circumstances substantially change during the period when alimony is being paid, our attorneys will seek an appropriate adjustment from the court. No matter how complex your situation might be, we can present a clear, comprehensive argument for you.

Knowledgeable counselors answer questions on spousal maintenance

Under North Carolina’s equitable distribution law, marital assets and debts are divided based on what the court thinks is fair. Likewise, judges have a great deal of leeway when considering whether spousal support is appropriate. Our lawyers conduct a detailed evaluation of the relevant circumstances and advise clients on:

  • Determining factors — Sixteen factors are listed in the statute to help judges determine whether spousal support should be awarded. These can include the earning ability of each party, the duration of the marriage, the couple’s standard of living, and whether marital misconduct occurred.
  • Types of maintenance — While a divorce is pending, either partner can apply to the court for post-separation financial support that lasts until the dissolution is finalized. Once the marriage ends, alimony can be awarded on a permanent basis, in a lump sum, or for a limited duration.
  • Remarriage — If an alimony recipient remarries, their former spouse no longer has to make payments from that date forward. This occurs automatically and does not require court action. However, a supporting ex-spouse would still be required to send any past-due amounts that accrued before the remarriage. If the former spouse receiving alimony payments shares a home with a new romantic partner, the paying spouse can petition the court for a termination of alimony.

If you are involved in a dispute over spousal support, our family law attorneys can explain in a consultation how we will build a compelling case for you.

Contact a dedicated Western North Carolina lawyer for a consultation

The Moore Law Office, PLLC represents clients in disputes over spousal maintenance and other types of family litigation. To learn more about our firm, please call 828-333-4796 or contact us online to schedule a consultation at our Asheville office.