Alimony is support awarded to a dependent spouse. When a married couple separates, a claim of alimony must be instituted before the divorce is finalized or it is lost. In order to file for alimony, there must be a dependent spouse and a supporting spouse. This means that one spouse, the supporting spouse, must provide economic support to the other spouse, the dependent spouse.
The dependent spouse must be able to prove that he or she is truly dependent on the economic support of the supporting spouse. There can be a difference in income without such a relationship existing. If one spouse makes $55K per year, for example, and the other spouse makes $50K per year, a supporting / dependent relationship probably would not exist. If, on the other hand, one spouse makes $150K per year and the other spouse makes $35K per year, a supporting / dependent relationship would probably be found to exist.
Even if a supporting / dependent relationship exists, infidelity during marriage may effect alimony. If, for example, the dependent spouse cheats on the supporting spouse during their marriage, she is barred from alimony. If the supporting spouse, however, cheats on the dependent spouse during their marriage, alimony should be automatically be granted.
If you need legal advice for alimony in North Carolina, specifically in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville NC, and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Contact Adkins Law to speak with an alimony lawyer today.