Need Help

[Lesia]

What is the name of your state?North Carolina- Can someone tell me what my rights are in NC for Alimony? My husband and I have been married for 22 years and we are seperated. I am disabled and I am inquiring to see if I am eligable for Alimony. I have been told so many different things that I was hoping to find out from a lawyer or someone that knows the laws of NC. I did tell him I wanted him to leave because his fussing all the time kept my nerves tore up and I just couldn't handle it anymore. So will someone plz help me?

[bulldogg70]

North Carolina

his is what I found so far, this should help

§ 50-16.1A. Definitions.
As used in this Chapter, unless the context clearly
requires otherwise, the following definitions apply:
(1) "Alimony" means an order for payment for the
support and maintenance of a spouse or former
spouse, periodically or in a lump sum, for a
specified or for an indefinite term, ordered in an
action for divorce, whether absolute or from bed
and board, or in an action for alimony without
divorce.
(2) "Dependent spouse" means a spouse, whether husband
or wife, who is actually substantially dependent
upon the other spouse for his or her maintenance
and support or is substantially in need of
maintenance and support from the other spouse.
(3) "Marital misconduct" means any of the following
acts that occur during the marriage and prior to or
on the date of separation:
a. Illicit sexual behavior. For the purpose of
this section, illicit sexual behavior means
acts of sexual or deviate sexual intercourse,
deviate sexual acts, or sexual acts defined in
G.S. 14-27.1(4), voluntarily engaged in by a
spouse with someone other than the other
spouse;
b. Involuntary separation of the spouses in
consequence of a criminal act committed prior
to the proceeding in which alimony is sought;
c. Abandonment of the other spouse;
d. Malicious turning out-of-doors of the other
spouse;
e. Cruel or barbarous treatment endangering the
life of the other spouse;
f. Indignities rendering the condition of the
other spouse intolerable and life burdensome;
g. Reckless spending of the income of either
party, or the destruction, waste, diversion,
or concealment of assets;
h. Excessive use of alcohol or drugs so as to
render the condition of the other spouse
intolerable and life burdensome;
i. Willful failure to provide necessary
subsistence according to one's means and
condition so as to render the condition of the
other spouse intolerable and life burdensome.
(3a) through (3d) Reserved for future codification
purposes.
(3e) "Payor" means any payor, including any federal,
State, or local governmental unit, of disposable
income to an obligor. When the payor is an
employer, payor means employer as defined under 20
U.S.C. § 203(d) of the Fair Labor Standards Act.
(4) "Postseparation support" means spousal support to
be paid until the earlier of either the date
specified in the order of postseparation support,
or an order awarding or denying alimony.
Postseparation support may be ordered in an action
for divorce, whether absolute or from bed and
board, for annulment, or for alimony without
divorce.
(5) "Supporting spouse" means a spouse, whether husband
or wife, upon whom the other spouse is actually
substantially dependent for maintenance and support
or from whom such spouse is substantially in need
of maintenance and support. (1995, c. 319, s. 2;
1998-176, s. 8.)

[bulldogg70]

the rest

§ 50-16.2A. Postseparation support.
(a)In an action brought pursuant to Chapter 50 of the
General Statutes, either party may move for postseparation
support. The verified pleading, verified motion, or affidavit of
the moving party shall set forth the factual basis for the
relief requested.
(b) In ordering postseparation support, the court shall base
its award on the financial needs of the parties, considering the
parties' accustomed standard of living, the present employment
income and other recurring earnings of each party from any
source, their income-earning abilities, the separate and marital
debt service obligations, those expenses reasonably necessary to
support each of the parties, and each party's respective legal
obligations to support any other persons.
(c) Except when subsection (d) of this section applies, a
dependent spouse is entitled to an award of postseparation
support if, based on consideration of the factors specified in
subsection (b) of this section, the court finds that the
resources of the dependent spouse are not adequate to meet his
or her reasonable needs and the supporting spouse has the
ability to pay.
(d) At a hearing on postseparation support, the judge shall
consider marital misconduct by the dependent spouse occurring
prior to or on the date of separation in deciding whether to
award postseparation support and in deciding the amount of
postseparation support. When the judge considers these acts by
the dependent spouse, the judge shall also consider any marital
misconduct by the supporting spouse in deciding whether to award
postseparation support and in deciding the amount of
postseparation support.
(e) Nothing herein shall prevent a court from considering
incidents of post date-of-separation marital misconduct as
corroborating evidence supporting other evidence that marital
misconduct occurred during the marriage and prior to date of
separation. (1995, c. 319, s. 2.)


§ 50-16.3A. Alimony.
(a)Entitlement. - In an action brought pursuant to
Chapter 50 of the General Statutes, either party may move for
alimony. The court shall award alimony to the dependent spouse
upon a finding that one spouse is a dependent spouse, that the
other spouse is a supporting spouse, and that an award of
alimony is equitable after considering all relevant factors,
including those set out in subsection (b) of this section. If
the court finds that the dependent spouse participated in an act
of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a.,
during the marriage and prior to or on the date of separation,
the court shall not award alimony. If the court finds that the
supporting spouse participated in an act of illicit sexual
behavior, as defined in G.S. 50-16.1A(3)a., during the marriage
and prior to or on the date of separation, then the court shall
order that alimony be paid to a dependent spouse. If the court
finds that the dependent and the supporting spouse each
participated in an act of illicit sexual behavior during the
marriage and prior to or on the date of separation, then alimony
shall be denied or awarded in the discretion of the court after
consideration of all of the circumstances. Any act of illicit
sexual behavior by either party that has been condoned by the
other party shall not be considered by the court.
The claim for alimony may be heard on the merits prior to the
entry of a judgment for equitable distribution, and if awarded,
the issues of amount and of whether a spouse is a dependent or
supporting spouse may be reviewed by the court after the
conclusion of the equitable distribution claim.
(b) Amount and Duration. - The court shall exercise its
discretion in determining the amount, duration, and manner of
payment of alimony. The duration of the award may be for a
specified or for an indefinite term. In determining the amount,
duration, and manner of payment of alimony, the court shall
consider all relevant factors, including:
(1) The marital misconduct of either of the spouses.
Nothing herein shall prevent a court from
considering incidents of post date-of-separation
marital misconduct as corroborating evidence
supporting other evidence that marital misconduct
occurred during the marriage and prior to date of
separation;
(2) The relative earnings and earning capacities of the
spouses;
(3) The ages and the physical, mental, and emotional
conditions of the spouses;
(4) The amount and sources of earned and unearned
income of both spouses, including, but not limited
to, earnings, dividends, and benefits such as
medical, retirement, insurance, social security, or
others;
(5) The duration of the marriage;
(6) The contribution by one spouse to the education,
training, or increased earning power of the other
spouse;
(7) The extent to which the earning power, expenses, or
financial obligations of a spouse will be affected
by reason of serving as the custodian of a minor
child;
(8) The standard of living of the spouses established
during the marriage;
(9) The relative education of the spouses and the time
necessary to acquire sufficient education or
training to enable the spouse seeking alimony to
find employment to meet his or her reasonable
economic needs;
(10) The relative assets and liabilities of the spouses
and the relative debt service requirements of the
spouses, including legal obligations of support;
(11) The property brought to the marriage by either
spouse;
(12) The contribution of a spouse as homemaker;
(13) The relative needs of the spouses;
(14) The federal, State, and local tax ramifications of
the alimony award;
(15) Any other factor relating to the economic
circumstances of the parties that the court finds
to be just and proper.
(16) The fact that income received by either party was
previously considered by the court in determining
the value of a marital or divisible asset in an
equitable distribution of the parties' marital or
divisible property.

[bulldogg70]

finally

(c) Findings of Fact. - The court shall set forth the reasons
for its award or denial of alimony and, if making an award, the
reasons for its amount, duration, and manner of payment. Except
where there is a motion before the court for summary judgment,
judgment on the pleadings, or other motion for which the Rules
of Civil Procedure do not require special findings of fact, the
court shall make a specific finding of fact on each of the
factors in subsection (b) of this section if evidence is offered
on that factor.
(d) In the claim for alimony, either spouse may request a
jury trial on the issue of marital misconduct as defined in G.S.
50-16.1A. If a jury trial is requested, the jury will decide
whether either spouse or both have established marital
misconduct. (1995, c. 319, s. 2; c. 509, s. 135.2(b); 1998-176,
s. 11.)

§ 50-16.7. How alimony and postseparation support paid;
enforcement of decree.
(a)Alimony or postseparation support shall be paid by
lump sum payment, periodic payments, income withholding, or by
transfer of title or possession of personal property or any
interest therein, or a security interest in or possession of
real property, as the court may order. The court may order the
transfer of title to real property solely owned by the obligor
in payment of lump-sum payments of alimony or postseparation
support or in payment of arrearages of alimony or postseparation
support so long as the net value of the interest in the property
being transferred does not exceed the amount of the arrearage
being satisfied. In every case in which either alimony or
postseparation support is allowed and provision is also made for
support of minor children, the order shall separately state and
identify each allowance.
(b) The court may require the supporting spouse to secure the
payment of alimony or postseparation support so ordered by means
of a bond, mortgage, or deed of trust, or any other means
ordinarily used to secure an obligation to pay money or transfer
property, or by requiring the supporting spouse to execute an
assignment of wages, salary, or other income due or to become
due.
(c) If the court requires the transfer of real or personal
property or an interest therein as a part of an order for
alimony or postseparation support as provided in subsection (a)
or for the securing thereof, the court may also enter an order
which shall transfer title, as provided in G.S. 1A-1, Rule 70
and G.S. 1-228.
(d) The remedy of arrest and bail, as provided in Article 34
of Chapter 1 of the General Statutes, shall be available in
actions for alimony or postseparation support as in other cases.
(e) The remedies of attachment and garnishment, as provided
in Article 35 of Chapter 1 and Article 9 of Chapter 110 of the
General Statutes, shall be available in actions for alimony or
postseparation support as in other cases, and for such purposes
the dependent spouse shall be deemed a creditor of the
supporting spouse.
(f) The remedy of injunction, as provided in Article 37 of
Chapter 1 of the General Statutes and G.S. 1A-1, Rule 65, shall
be available in actions for alimony or postseparation support as
in other cases.
(g) Receivers, as provided in Article 38 of Chapter 1 of the
General Statutes, may be appointed in actions for alimony or
postseparation support as in other cases.
(h) A dependent spouse for whose benefit an order for the
payment of alimony or postseparation support has been entered
shall be a creditor within the meaning of Article 3A of Chapter
39 of the General Statutes pertaining to fraudulent conveyances.
(i) A judgment for alimony or postseparation support obtained
in an action therefor shall not be a lien against real property
unless the judgment expressly so provides, sets out the amount
of the lien in a sum certain, and adequately describes the real
property affected; but past-due periodic payments may by motion
in the cause or by a separate action be reduced to judgment
which shall be a lien as other judgments.
(j) Any order for the payment of alimony or postseparation
support is enforceable by proceedings for civil contempt, and
its disobedience may be punished by proceedings for criminal
contempt, as provided in Chapter 5A of the General Statutes.
Notwithstanding the provisions of G.S. 1-294 or G.S. 1-289,
an order for the periodic payment of alimony that has been
appealed to the appellate division is enforceable in the trial
court by proceedings for civil contempt during the pendency of
the appeal. Upon motion of an aggrieved party, the court of the
appellate division in which the appeal is pending may stay any
order for civil contempt entered for alimony until the appeal is
decided if justice requires.
(k) The remedies provided by Chapter 1 of the General
Statutes Article 28, Execution; Article 29B, Execution Sales;
and Article 31, Supplemental Proceedings, shall be available for
the enforcement of judgments for alimony and postseparation
support as in other cases, but amounts so payable shall not
constitute a debt as to which property is exempt from execution
as provided in Article 16 of Chapter 1C of the General Statutes.
(l) The specific enumeration of remedies in this section
shall not constitute a bar to remedies otherwise available.
(l1)The dependent spouse may apply to the court for an order
of income withholding for current or delinquent payments of
alimony or postseparation support or for any portion of the
payments. If the court orders income withholding, a notice of
obligation to withhold shall be served on the payor as required
by G.S. 1A-1, Rule 4, Rules of Civil Procedure. Copies of the
notice shall be filed with the clerk of court and served upon
the supporting spouse by first-class mail. (1967, c. 1152, s. 2;
1969, c. 541, s. 5; c. 895, s. 18; 1977, c. 711, s. 26; 1985, c.
482, s. 1; c. 689, s. 18; 1995 c. 319, s. 5; 1998-176, ss. 2, 3;
1999-456, s. 14.)

§ 50-16.8. Procedure in actions for postseparation support.
When an application is made for postseparation support,
the court may base its award on a verified pleading, affidavit,
or other competent evidence. The court shall set forth the
reasons for its award or denial of postseparation support, and
if making an award, the reasons for its amount, duration, and
manner of payment. (1871-2, c. 193, ss. 37, 38, 39; 1883, c. 67;
Code, ss. 1290, 1291, 1292; Rev., ss. 1565, 1566, 1567; 1919, c.
24; C.S., ss. 1665, 1666, 1667; 1921, c. 123; 1923, c. 52; 1951,
c. 893, s. 3; 1953, c. 925; 1955, cc. 814, 1189; 1961, c. 80;
1967, c. 1152, s. 2; 1971, c. 1185, s. 25; 1979, c. 709, s. 4;
1995, c. 319, s. 6.)

§ 50-16.9. Modification of order.
(a)An order of a court of this State for alimony or
postseparation support, whether contested or entered by consent,
may be modified or vacated at any time, upon motion in the cause
and a showing of changed circumstances by either party or anyone
interested. This section shall not apply to orders entered by
consent before October 1, 1967.
Any motion to modify or terminate alimony or postseparation
support based on a resumption of marital relations between
parties who remain married to each other shall be determined
pursuant to G.S. 52-10.2.
(b) If a dependent spouse who is receiving postseparation
support or alimony from a supporting spouse under a judgment or
order of a court of this State remarries or engages in
cohabitation, the postseparation support or alimony shall
terminate. Postseparation support or alimony shall terminate
upon the death of either the supporting or the dependent spouse.
As used in this subsection, cohabitation means the act of two
adults dwelling together continuously and habitually in a
private heterosexual relationship, even if this relationship is
not solemnized by marriage, or a private homosexual
relationship. Cohabitation is evidenced by the voluntary mutual
assumption of those marital rights, duties, and obligations
which are usually manifested by married people, and which
include, but are not necessarily dependent on, sexual relations.
Nothing in this section shall be construed to make lawful
conduct which is made unlawful by other statutes.
(c) When an order for alimony has been entered by a court of
another jurisdiction, a court of this State may, upon gaining
jurisdiction over the person of both parties in a civil action
instituted for that purpose, and upon a showing of changed
circumstances, enter a new order for alimony which modifies or
supersedes such order for alimony to the extent that it could
have been so modified in the jurisdiction where granted.
(1871-2, c. 193, ss. 38, 39; 1883, c. 67; Code, ss. 1291, 1292;
Rev., ss. 1566, 1567; 1919, c. 24; C.S., ss. 1666, 1667; 1921,
c. 123; 1923, c. 52; 1951, c. 893, s. 3; 1953, c. 925; 1955, cc.
814, 1189; 1961, c. 80; 1967, c. 1152, s. 2; 1987, c. 664, s. 3;
1995, c. 319, s. 7.)

[Lesia]

Thank You so very much!!!!