Alimony and Separation Agreements

A separation agreement is a contract voluntarily entered into between spouses, signed by the parties and notarized. The parties can legally document their intention to live separate and apart and the dissolution of their marriage. Separation agreements are very flexible. They can resolve all marital issues, including child custody and child support, or they can resolve issues that the parties can mutually agree upon while leaving the remaining issues for litigation. This document is designed to settle any alimony, child custody, visitation, asset, debt, child support, and tax and insurance considerations between the parties.

There are several other issues a separation agreement can address. For example, parents can agree to their child's religious upbringing, who should be designated to care for a domestic pet, or any related, customized consideration tailored to your family's needs. Overall, it clarifies the rights and duties of the spouses regarding custody of and access to children, property distribution, support payment and any matter connected to the marriage.

For all practical purposes, the term legal separation does not exist under current North Carolina law. Many people believe that they have to file some form of paperwork in order to make their separation legal. That is inaccurate. In reality, only one person in the relationship must intend to end the marital relationship. Furthermore, the parties must live separate and apart in different households. These two requirements are essential for a married couple to be considered "separated."

A couple considering divorce should consult with an attorney prior to entering into a separation agreement. It's a binding contract with after-effects that could have a devastating impact on property division, child custody, spousal support/alimony and child support.

It is important to note that neither party should be influenced or forced to sign an agreement. We want to stress the absolutely voluntary nature of this option. It can save both parties significant expense, while affording many of the same protections provided by a court order.  While a separation agreement generally does not become a court order, it is considered a contract under North Carolina law. Therefore, parties can depend on contract law and remedies under contract law to ensure compliance of the agreement.

Contact our Cary law offices today to discuss with us whether a separation agreement is an appropriate way to resolve your marital dispute.

 

Alimony

Alimony is defined as financial support that goes from a supporting spouse to a dependent spouse. There are several factors involved in determining if alimony is appropriate or necessary. Furthermore, there are other factors that will determine the amount and duration of the alimony amount. Some of these factors depend on the following:

            Length of the marriage
            Age of spouses
            Health of each spouse
            Spouses' educational levels
            Spousal incomes
            The parties' standard of living during the final years of their marriage.
            Marital fault
            Ability to pay
            Separate and marital assets of the parties
            Fault in the dissolution of the marriage

Alimony can conceivably be provided until death or remarriage. It can be in the form of a lump-sum payment, payments issued periodically over a specified, predetermined period of time, or for an indefinite period.  There are certain circumstance in which a party may be barred from receiving alimony.

Our skilled family law attorneys welcome the opportunity to help determine if alimony is even an issue in your particular situation. If alimony is an issue, our attorneys will advise you on a fair level of alimony or whatever kind of spousal support is appropriate in your situation.

 

Post-separation Support

Post-separation support is somewhat different than alimony. Generally, post-separation support does not last as long as alimony. And, unlike alimony, the marital fault of the dependent spouse does not necessarily bar the dependent spouse from receiving post-separation support. Furthermore, the support amount typically only lasts until the earlier of either the date specified in the post-separation support order or an order awarding or denying alimony is entered.

A dependent spouse will have to prove the following factors in order to receive post-separation support: a lawful married; the dependent spouse is in fact dependent; the supporting spouse is in fact the spouse who substantially financially provides for the dependent spouse; the dependent spouse is in actual need of support; the dependent spouse lacks resources to meet his/her needs; and the supporting spouse's ability to pay.