What LGBT Individuals Need to Know About Alimony

HomeBlogWhat LGBT Individuals Need to Know About Alimony

Divorce is a difficult time for all people involved. At the Law Office of Janice V. Coulter, we’re here to help you navigate the complexities around same-sex divorce and will work for you to protect your rights.

how the court determines alimony

The challenge with same-sex divorces is that prior to 2014, they were not legal in North Carolina. This can cause a lot of headache and confusion when determining when the marriage began. Further, the legal start of your marriage makes a huge impact on how the court determines alimony as the years prior to the marriage essentially “don’t count” in the eyes of the law.

Because North Carolina is an “equitable division state”, if the parties cannot agree on an amicable division of assets and marital property, it will be up to the court to decide. Typically, the court decides whether – and how much – alimony is to be allocated in a divorce.

In a heterosexual marriage, the lower-earning spouse will likely receive more alimony than in a same-sex marriage, because even if you’ve been together for twenty years, you’ve only been legally married since 2014. Further, any property acquired may not be considered “marital” under this loophole as well.

It’s important to have the support of a divorce counsel that understands your needs and the considerations you need to be aware of when thinking about alimony and potential scenarios in court. At the Law Office of Janice V. Coulter, we provide professional and knowledgeable support to help you navigate this challenging time and the unique issues around same-sex divorce in North Carolina.