Wilmington Alimony Attorney

Divorce is already challenging, and alimony adds another layer of stress. The whole process can feel overwhelming whether you’re worried about making payments or need financial support. That’s where a Wilmington alimony attorney comes in. Alimony isn’t automatic in North Carolina, and there’s no set formula for how much a spouse might get. Instead, the court looks at different factors, making it essential to have a strong legal advocate on your side. If you need help with spousal support, Marshall & Taylor PLLC is here to walk you through it. Call us at (919) 833-1040 or contact us online to discuss your case with an experienced Wilmington divorce lawyer. 

Understanding Post-Separation Support and Alimony in North Carolina

When a couple separates, financial concerns often become a significant issue—especially if one spouse is financially dependent on the other. North Carolina law provides two forms of spousal support to help balance financial disparities: post-separation support and alimony. While they may seem similar, they serve different purposes and have distinct legal considerations. 

What Is Post-Separation Support?

Post-separation support is temporary financial assistance awarded to a dependent spouse after separation but before the divorce is finalized. Its primary purpose is to help the lower-earning spouse meet their basic financial needs—housing, utilities, and daily expenses—while the divorce process is ongoing.

When deciding on post-separation support, judges look at a few key things, like:

• How much money does each spouse make, and what resources do they have
• The lifestyle they had during the marriage
• Basic expenses, like rent or mortgage payments
• Whether the spouse being asked to pay can afford it

Post-separation support typically lasts until the divorce is finalized; at this point, the court will determine whether long-term alimony is necessary.

What Is Alimony?

Alimony is ongoing financial support awarded after a divorce is finalized. Unlike post-separation support, which is temporary, alimony can be short-term or long-term, depending on the circumstances of the case. The court considers factors such as:

• How long the marriage lasted
• How much each spouse earns and their ability to make money
• What each person contributed to the marriage, like taking care of the home or kids
• Whether there was any wrongdoing, such as adultery, which can affect alimony in North Carolina

Alimony can be awarded for a fixed period (rehabilitative alimony) to help a dependent spouse become financially independent, or it can continue indefinitely in cases where a spouse cannot reasonably support themselves due to age, disability, or other factors. However, alimony typically ends if the recipient remarries or cohabitates with a new partner.

Because every case is unique, working with a Wilmington alimony attorney can help ensure that support arrangements are fair and aligned with North Carolina’s legal standards. 

Factors That Determine Alimony in Wilmington, NC

Since there’s no set formula for alimony in North Carolina, judges have a lot of discretion when deciding who pays what and for how long. Here are some of the main factors courts look at when awarding alimony:

• Length of the Marriage—Generally, longer marriages lead to longer alimony payments, while short-term marriages are less likely to involve alimony.
• Income and Earning Ability—If one spouse makes significantly more than the other, alimony is more likely.
• Standard of Living—The court considers the couple’s lifestyle during the marriage. Alimony is meant to help the lower-earning spouse maintain a similar standard of living.
• Education and Job Skills—If one spouse sacrifices their career or education to support the family, the court may award alimony to help them get back on their feet.
• Health and Age—Older spouses or those with health issues may be more likely to receive support if they cannot work.
• Marital Misconduct—North Carolina courts consider infidelity and other misconduct when deciding alimony. If a dependent spouse was unfaithful, they might be barred from receiving alimony.

Every case is different, so having an experienced attorney for alimony cases is vital to review your situation and fight for the best possible outcome. 

Modifying Alimony in North Carolina

Life does not stay the same forever; sometimes, alimony arrangements must change. If you are already paying or receiving alimony and something significant has changed—like losing a job, getting a raise, or remarrying—you might need to request a modification.

A Wilmington alimony modification lawyer can help you file for a change in support payments. You must show the court that your circumstances have changed enough to justify adjusting the alimony order. If you are paying and have had a big drop in income, you do not want to fall behind on payments, which could lead to serious legal trouble. On the other hand, if you are receiving support and your ex-spouse’s financial situation has improved, you may have grounds to request an increase in payments. 

Alimony Enforcement: What Happens If a Spouse Refuses to Pay?

Unfortunately, not everyone follows court orders, and alimony is no exception. If your ex-spouse stops making payments, you may need legal action. A Wilmington alimony enforcement attorney can help you ensure you get the support you are legally entitled to. Courts have several ways to enforce alimony, including:

• Wage Garnishment – The court can order payments to be automatically deducted from the paying spouse’s paycheck.
• Contempt of Court – If a spouse refuses to pay, they could face legal penalties, including fines or jail time.
• Property Liens—In some cases, courts may levy the delinquent spouse’s property to cover missed payments.

If you are struggling to collect the alimony you are owed, do not wait. Contact Marshall & Taylor PLLC for help today. 

Tax Implications of Alimony Payments in North Carolina

It’s important to know how alimony affects your taxes, whether you’re the one paying or receiving it. In the past, alimony came with tax breaks for the person paying and tax responsibilities for the one receiving it, but federal law changes have shaken things up. 

Is Alimony Tax Deductible?

Under the Tax Cuts and Jobs Act (TCJA), which took effect on January 1, 2019, alimony payments are no longer tax-deductible for the paying spouse if the divorce agreement was finalized on or after this date. This means that individuals paying alimony cannot reduce their taxable income by the amount paid in spousal support. However, suppose your divorce or separation agreement was executed before January 1, 2019, and has not been modified. In that case, the previous rules still apply, meaning alimony remains deductible for the payer and taxable for the recipient. 

How Receiving Alimony Affects Taxes

The payments are considered taxable income for those receiving alimony under agreements finalized before 2019, meaning you must report them when filing your taxes. However, if your divorce agreement was finalized on or after January 1, 2019, alimony is not considered taxable income, and you do not need to report it.

Because of these changes, both paying and receiving spouses should be mindful of how alimony affects their financial planning. Consulting with a Wilmington alimony attorney and a tax professional can help you understand how spousal support impacts your financial situation and tax obligations.

Frequently Asked Questions About Alimony in Wilmington, NC

We’ve answered some of our client’s most commonly asked questions for you here. 

How long does alimony last?

Alimony duration varies case by case. Some payments last a few years, while others continue indefinitely. In North Carolina, long-term alimony is more common in marriages lasting over 10 years, but courts consider many factors. 

Can I avoid paying alimony?

In some cases, yes. If your spouse has a stable income and no financial need, they may not qualify for alimony. Also, if you can prove they were unfaithful, they may be denied support. 

Can alimony be changed later?

Yes. If your financial situation changes significantly, you can request an alimony modification. A Wilmington alimony modification lawyer can help you present your case in court. 

What if my ex refuses to pay alimony?

You can take legal action to enforce the alimony order. Courts can use wage garnishment, liens, or even jail time to make sure payments are made. 

How much does an alimony lawyer cost?

Costs vary based on the complexity of your case. During a consultation, we can discuss fees and payment options to help you get the legal help you need. 

Do You Need an Alimony Lawyer?

If you are dealing with spousal support—whether you need it, want to modify it, or have to pay it—you should strongly consider hiring a Wilmington alimony attorney. Family law can be complicated, and judges have a lot of discretion in alimony cases. Having an experienced attorney can mean a fair arrangement and a financial burden.

At Marshall & Taylor PLLC, we have extensive experience handling alimony disputes in Wilmington, NC. Whether you are negotiating an agreement, fighting for fair payments, or enforcing an order, our team is ready to help. 

Contact Marshall & Taylor PLLC for Alimony Help in Wilmington, NC

Dealing with alimony in Wilmington, NC? You don’t have to figure it out on your own. At Marshall & Taylor PLLC, we know North Carolina alimony laws inside and out and are here to help protect your finances. Whether you need to set up, change, or enforce an alimony order, we’ve got your back. Call us at (919) 833-1040 to schedule a consultation, or visit us online and get the legal help you need.