Filing for Alimony in NC To receive spousal support, you need to file a request with the court as part of your divorce proceeding. The court will then determine which spouse is dependent and who is the supporting spouse.
Filing for Alimony in NC It is also not automatic. It must be requested and negotiated for. To receive spousal support, you need to file a request with the court as part of your divorce proceeding. The court will then determine which spouse is dependent and who is the supporting spouse.
If initially there is not enough personal property available to cover the entire $60,000 spousal allowance, the clerk of court will enter a deficiency judgment in the estate.
Married/Registered Domestic Partnership (RDP) filing jointly. Married/RDP filing separately.
(a) Every surviving spouse of a decedent, whether or not the surviving spouse has petitioned for an elective share, shall be entitled to receive an allowance having the value of sixty thousand dollars ($60,000) for the surviving spouse's support for one year after the death of the deceased spouse unless the spouse is ...
The surviving spouse must apply for this allowance through the Clerk of Court within one year of the deceased spouse's death. The deceased spouse or surviving spouse must have been a resident of North Carolina. This allowance will be exempt from any lien, judgment, or other creditor claims in the decedent's estate.
North Carolina law presumes that an equal (50/50) division of marital property is “equitable,” or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
North Carolina doesn't provide a formula for calculating postseparation support or alimony. Instead, judges use their best judgment after considering the circumstances in each particular case.
Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
You may file a joint return if one spouse is a part-year resident and the other is a part-year or nonresident.