What Does it Mean to be a Dependent Spouse?
If you depend on your husband or wife’s income to pay the rent and put food on the table, it may be hard to imagine supporting yourself long enough to get divorced. Find out how North Carolina law protects a dependent spouse, what spousal support you may be entitled to, and whether you can rely on alimony after your divorce is over.
Who is a Dependent Spouse in North Carolina?
In families with a stay-at-home parent or homemaker, it may be obvious which spouse relies on the other’s income. However, even two-income households may have a dependent spouse. North Carolina’s alimony laws say that either spouse may receive alimony if they:
- Cannot meet their own reasonable financial needs without the other’s income or assets
- Will not be able to maintain the same standard of living they enjoyed during the marriage without the other spouse’s contribution
Alimony is not gender specific. Men can receive spousal support from their wives, or women from their husbands, if they qualify as the dependent spouse. There are many reasons why someone may fit into that category. They might be:
- A stay-at-home caregiver for the family’s children
- A homemaker
- Physically or mentally disabled
- Retired or unable to work
- In a lower-paying industry or position
- Making less because of family-related interruptions in their work history
The judge in your family law case will determine if you are eligible as a “dependent spouse.” If so, your husband or wife will be called the “supporting spouse.” From there, the judge can award you financial support.
What are a Dependent Spouse’s Options for Separation?
North Carolina law requires spouses to live separately for at least a year before seeking an “absolute divorce.” That can be challenging for dependent spouses unable to support themselves on their own income. You don’t have to fend for yourself after you and your spouse separate.
Instead, you can ask the court to award you post-separation spousal support. This is temporary support that can help you pay your expenses while you live separately and go through the divorce process. Post-separation support can be awarded for a specific amount of time, or until a judgment of absolute divorce is entered. However, it can also end early if the judge dismisses your claim, you get remarried or move in with a new romantic partner, or spouse passes away.
When Will NC Courts Order a Supporting Spouse to Pay Alimony?
Alimony is a more permanent form of spousal support generally awarded as part of your absolute divorce. Unlike child support, there is no formula to determine how much alimony is right in each case. Instead, the North Carolina divorce court will grant an “equitable” alimony award based on “all relevant factors,” including the length of the marriage, and each spouse’s:
- Income or earning potential
- Age
- Physical, mental, and emotional health or disability
- Education level
- Contributions to the marital property
- Contributions to the other spouse’s career or education
- Assets and Liabilities
- Tax obligations
- Personal needs
- Standard of living
- Financial strain from caring for the family’s children
- Marital misconduct
- Other economic factors
Alimony is generally paid periodically – often monthly – for a set period of time. However, in some cases, a lump-sum award may be appropriate.
How Does Marital Misconduct Affect Spousal Support?
North Carolina divorce judges must consider marital misconduct before awarding alimony. This includes:
- Adultery
- Abandonment
- Dangerous cruelty
- Reckless spending
- Asset destruction
- Substance abuse
- Criminal activity causing “involuntary separation”
- “Malicious turning out-of-doors”
- “Intolerable” and “burdensome” indignities
- Willful refusal to support
North Carolina law takes a particularly hard line in cases of “illicit sexual behavior.” A dependent spouse who had an affair or engaged in deviate sexual acts without his or her spouse’s consent prior to the date of separation cannot receive alimony. Similarly, a supporting spouse in the same situation will be ordered to pay alimony to their dependent spouse. If both spouses engaged in illicit sexual behavior, then the court may consider all the circumstances and award alimony appropriately.
Get Support as a Dependent Spouse
At Cox Law Firm, we understand how hard it can be to separate from a supporting spouse. Our divorce attorneys understand North Carolina’s alimony laws. We will help you get the support you need while you are separated, during, and after your divorce is final. If you are ready to get started, please get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.