Hatcher Law Group Hatcher Law Group
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FAQs

Yes, so long as such elimination does not cause one of the parties to be eligible for public assistance at the time of the separation or marital dissolution.  If the elimination of alimony enables eligibility for public assistance, then the court, notwithstanding the provisions of the agreement, may order the payment of support to the extent necessary to avoid that eligibility.   Before the court orders support, however, the court must find that the party for whom support may be ordered is  a dependent spouse (as defined by NCGS  §501-16.1A and that the requirements of the statutes for postseparation support (NCGS §50-16.2A) or alimony (NCGS § 50-16.3A) have been met.

 
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