How to Avoid Paying Spousal Support in North Carolina?

Divorce is a complex legal and financial process, and it’s likely that any divorce will have various economic effects on both of the divorcing spouses that persist for many years. Spousal support is one such issue, and it’s natural to want to know how to avoid paying spousal support in North Carolina if at all possible. While spousal support will only be a factor in a relatively small number of divorces, it is vital to understand North Carolina spousal support laws.

How to Avoid Paying Spousal Support in North Carolina?

The purpose of divorce is not only to end a marriage contract, but also to divide the divorcing couple’s assets and establish separate ownership rights for their divided property. In some cases, one spouse will be at a significant financial disadvantage compared to the other. Spousal support exists to account for such differences and could come into play in a divorce if the spouses have vastly different individual financial situations.

If you believe that spousal support will bear consideration for your upcoming divorce, whether you expect to pay it or receive it, it’s important to hire a spousal support lawyer in Charlotte you trust to help you reach the fairest possible resolution to this aspect of divorce. This issue is often disputed; recipients will understandably wish to receive as much as possible, while payers will want to limit their payments as much as they can.

The purpose of spousal support is to provide financial assistance to a spouse who was dependent on the other during their marriage. However, a balance must be struck; the recipient should only receive what they actually need to maintain an acceptable standard of living, and the payer should only be required to pay an amount they can reasonably manage.

According to the Centers for Disease Control and Prevention (CDC), the North Carolina divorce rate was 2.7 per 1,000 as of 2023, a relatively high rate compared to most other states. North Carolina follows an equitable distribution rule for dividing marital property in divorce, so it will be necessary for the divorcing spouses to split their assets and liabilities in the fairest possible manner.

The court considers various factors when it comes to equitably distributing the divorcing couple’s property, including the separate property owned by each of them, their respective earning capacities, and more. Spousal support is usually only awarded if one spouse has been financially dependent on the other for a long time, or if one spouse is unable to work and support themselves.

If you are wondering how to avoid paying spousal support in North Carolina, one factor that state law will consider in this situation that does not come into play in some other states is marital misconduct, specifically illicit sexual behavior. A spouse could be disqualified from receiving alimony or spousal support if there is any proof they engaged in adultery or other marital misconduct at any point during their marriage.

Ultimately, these cases are very personal, and several factors can influence the final outcome of any spousal support determination in North Carolina. If you are unsure whether alimony or spousal support is likely to come into play for your divorce, or if you have questions about how to avoid paying spousal support in North Carolina, it’s important to hire a spousal support lawyer at your first opportunity so they can answer your questions.

FAQs

Can I Quit My Job to Avoid Paying Spousal Support?

No, you cannot quit your job to avoid paying spousal support. If the court discovers that you took any such action to avoid your financial obligations in divorce, it could lead to penalties as well as a greater alimony obligation than you may have faced if you had approached the situation honestly. However, if you were to lose your job due to forces beyond your control, the court must consider this in any spousal support determination.

How Long Do You Pay Spousal Support in North Carolina?

The length of time you pay spousal support in North Carolina is usually about half the length of the marriage. One of the most important factors when it comes to determining the timeframe for spousal support to continue is the supported spouse’s ability to become self-sufficient. Hire a spousal support lawyer, whether you expect to pay or receive spousal support, to ensure the fairest possible terms.

How Much Must Be Paid in Spousal Support?

The amount that must be paid in spousal support depends on several factors, such as the difference in income between the spouses, the length of time the marriage lasted, and any unique factors such as the supported spouse’s medical status, ability to work, and more. Your attorney can help you understand North Carolina’s spousal support laws so you can have an idea of what to expect when it comes to the payment terms and conditions for your agreement.

Why Should I Hire a Spousal Support Lawyer?

You should hire a spousal support lawyer because this is one of the most contentious aspects of any divorce. It is always important to have legal counsel advising you for any divorce case, but when spousal support is likely to be an issue for your divorce, it’s important to have a legal representative on your side with proven experience resolving spousal support disputes. Your attorney can help you ensure the fairest possible outcome.

Can Spousal Support End Early?

Yes, it is possible for spousal support to end early under certain conditions. The death of either spouse will terminate alimony payments, and it is also possible for the recipient’s actions to terminate spousal support early. For example, if the supported spouse remarries or begins living with a new partner, the paying spouse can petition the court to end their alimony obligation.

The team at Butler, Quinn & Hochman, PLLC, has extensive experience representing North Carolina clients in all types of difficult divorce cases, including those involving spousal support. We understand that this aspect of your case could be disputed and that you are likely to have many questions about what to expect. Contact us today to schedule a free consultation and learn why you should hire a spousal support lawyer.