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There are two aspects to an alimony hearing: (1) The court decides the issue of whether one spouse is the “supporting spouse” and one is the “dependent spouse.” There is no preference given by law to either men or women, and both husbands and wives may request alimony; and (2) If the spouse requesting alimony is found to be the dependent spouse and the other spouse found to be the supporting spouse, then the court determines how much alimony should be paid.The amount of alimony depends on the income and estates of the husband and wife; each spouse’s reasonable needs; and the accustomed standard of living during the marriage.If you decide to represent yourself, ask the Clerk of Court in your county if there is a local procedure for pro se litigants to follow.Some counties in North Carolina have self-help centers or pro se divorce kits available for a nominal fee.What if my spouse does not abide by the terms of the separation agreement?A separation agreement can be enforced by a court order.

If the dependent spouse committed adultery before the date of separation and the other spouse can prove it, the dependent spouse is not entitled to alimony, even if he or she is otherwise entitled to support.

If the supporting spouse committed adultery before the date of separation and the other spouse can prove it, he or she must be ordered to pay alimony.

If both parties committed adultery before the date of separation, alimony is at the discretion of the court.

Their decision regarding division of property must be included in a properly executed separation agreement that is signed by both parties with both signatures properly notarized. Post-separation support and alimony can be granted by the court when there is a need for spousal support.

The party requesting support must actually be dependent on the other spouse for support or substantially in need of such support.




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