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Alimony: What Can Be Held Against Me?

In Separation & Divorce by Sarah Hink

Alimony, also known as spousal support, is a frequently contested element of separations and divorces in North Carolina. It isn’t difficult to understand why. Separations are emotional times and are sometimes triggered by extreme animosity, so it does not help when the issue of ongoing spousal support payments arises. One spouse may feel entitled to as much support as possible, while the other completely disagrees and does not feel that they should have to pay anything. How Does Alimony Work? A court can order a “supporting” spouse to make alimony payments to a “dependent” spouse based on numerous factors set forth in the North Carolina General Statutes. These factors generally allow a court to take a step back and look at the totality of the marriage. Some of the factors …

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How Does Infidelity and Misconduct Factor Into a Divorce?

In Separation & Divorce by Elizabeth Stephenson

Infidelity and misconduct in a marriage are factors given much weight in some areas of North Carolina’s domestic laws. In fact, when it happens, the first instinct in the mind of many injured spouses is to seek a divorce. Unfortunately, North Carolina is an absolute divorce state and there is no “fault-based” ground for divorce. This means that if a spouse commits infidelity or some other act of marital misconduct, the other spouse cannot use this as a basis to file for divorce and sever the ties of marriage. Nevertheless, there are several ways in which infidelity and misconduct still play a role in several aspects of a separation and divorce. Divorce from Bed and Board A divorce from bed and board is not an actual divorce, but is effectively …