离职后支援

10月1日生效, 1995 for actions filed on or after that date, 离职后支援 laws in this State have changed. How much this law change matters is really yet to be seen 和 depends on the facts of your case 和 how the judges interpret the law.

North Carolina no longer has temporary Alimony, but has changed the terminology to 离职后支援.

The court is instructed to award 离职后支援 based upon the following:

• Financial needs of the parties;
• Accustomed st和ard of living;
• Present employment income 和 other recurring earnings of each party from any source;
• Earning abilities of both spouses;
• Separate 和 marital debt service obligations;
• Necessary living expenses of both parties;
• Each person's respective legal obligations to support any other person;
• Pre-separation marital misconduct of both parties.
• Post Separation support is recoverable in North Carolina 只有 给受供养的配偶和 只有 由赡养配偶支付.

Marital Misconduct means any of the following acts that occur during the marriage 和 prior to or on the date of separation:

1. 非法性行为, which includes acts of sexual or deviant sexual intercourse, 不正常的性行为, or sexual acts voluntarily engaged in with someone other than the other spouse;
2. Causing an involuntary separation in consequence of a criminal act;
3. 抛弃另一方的;
4. Maliciously turning the other spouse out of doors;
5. Cruel 和 barbaric treatment endangering the life of the other spouse;
6. Indignities rendering the condition of the other spouse intolerable 和 life burdensome;
7. Reckless spending of the income of either party, 或者破坏, 浪费, diversion or concealment of assets;
8. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable 和 life burdensome;
9. Willful failure to provide necessary subsistence according to one's means 和 condition so as to render the condition of the other spouse intolerable 和 life burdensome.

Alimony or 离职后支援 can be modified or terminated by the court upon a showing of changed circumstances.

Alimony or 离职后支援 terminate:

• 一方死亡后
• Upon the remarriage of recipient spouse
• Upon cohabitation of the recipient spouse

什么是同居? The act of two adults dwelling together continuously 和 habitually in a private heterosexual or homo性的关系hip.

证据包括:

Voluntary mutual assumption of those marital rights, duties 和 obligations which are usually manifested by married people 和 which include, but are not necessarily dependant on, 性的关系.

Your case for Alimony or 离职后支援 must be pending in court prior to your absolute divorce.

The divorce does not automatically terminate the Alimony or Post Separation award already in place.

When parties file separate tax returns 和 reside in separate households, Alimony payments in cash to or for the benefit of the recipient spouse will be considered taxable income 给受供养的配偶和 a deduction to the supporting spouse. Ask about the "designated payments rule" when you desire another result.

If there is a court order for Alimony or 离职后支援, current IRS policy in our district requires you to file single or head of household. (This does not 应用 to private agreements outside of court.)