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Who is entitled to Alimony?

Only a dependent spouse is entitled to receive alimony. To be considered a dependent spouse there must be a showing of substantial dependence upon the other spouse for his or her maintenance and support. Substantially dependence means that a spouse will be unable to meet his or her needs in the future, even if he or she is currently meeting those needs. To determine when a spouse is “substantially in need,” the trial court must determine:

  1. the parties’ accustomed standard of living as of and several years preceding date of separation;
  2. the parties’ present earnings and prospective earning capacity; and
  3. whether the spouse seeking alimony has a demonstrated need for financial contribution from the other spouse to maintain standard of living.

The court must also consider each party’s estate and any other factors that may be appropriate in the interest of justice.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.

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John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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