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Raleigh North Carolina divorce lawyer Nicole Taylor educates on alimony using Video News

2009-04-06 23:22:36 (GMT) (Caymanmama.com - Law North Carolina Press Release News)

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Raleigh divorce lawyer Nicole Taylor

Raleigh Divorce Attorney Nicole Taylor discusses alimony and post separation

Raleigh, North Carolina (CaymanMama.com) — Alimony is often an issue in divorce when one spouse has financially supported the other during the marriage.

As a general rule, before the court can award alimony, a spouse must prove that he/she is a dependent spouse, that the other party is a supporting spouse, and that an award of alimony is appropriate after considering other relevant factors including economic factors, and in some cases, martial misconduct.

There is no legally mandated formula that the court is required to use when determining the amount or duration of the alimony award. Once the court determines a party is entitled to alimony, the court has discretion in determining how much, how long, and in what manner it must be paid.

In North Carolina, if a party has engaged in illicit sexual behavior such as adultery or other sexual acts with a third party during the marriage and prior to the date of separation, it can impact the outcome of alimony.

First, if the court finds that the spouse seeking alimony engaged in this behavior, the court must deny the alimony claim. On the other hand, if the court finds that the supporting spouse committed adultery, the the court is required to award alimony. However in this instance, the amount and duration of the award remains in discretion of the judge.

If the court finds that both parties engaged in such behavior, the the court has discretion as to whether and what amount alimony should be paid. The court may also consider other types of marital misconduct in alimony cases such as abandonment, verbal abuse, and physical abuse. However, the court is not required to award or deny alimony in any cases where the marital misconduct complained of does not include illicit sexual behavior.

Sometime the question of whether one party has condoned the other party’s fault becomes an issue. Condonation occurs when one spouse learns of the other’s illicit sexual behavior, forgives it, and resumes marital relations. Once it is condoned, the court cannot consider misconduct when determining alimony unless the same conduct is subsequently repeated prior to the date of separation. Whether the misconduct has been condoned depends on the particular facts of each case.

The NC Raleigh Divorce Attorneys  Gailor, Wallis & Hunt PLLC are one of the leading divorce law firms that practice in Raleigh, North Carolina. Practicing since 1994, they specialize in divorce and family law (child support, custody, alimony, and asset distribution).

919.832.8488
http://www.gailorwallis.com

Gailor, Wallis & Hunt, PLLC Pilot Mill
The 1903 Building
1101 Haynes Street, Suite 201
Raleigh, North Carolina 27604



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