Divorce can be one of the most challenging times in someone’s life, and many couples are not aware of, or prepared for, all the questions surrounding spousal support. Evaluating settlement offers and counter-offers can be complicated. Knowing your legal rights and having an experienced Sanford family lawyer on your side can make all the difference in securing the right amount and the right term for your spousal support. Our lawyers will work hard to protect your rights and provide fair and helpful guidance during your legal negotiations.
What is Spousal Support?
In North Carolina, a “dependent spouse” is someone—husband or wife—who heavily relies on the other spouse for financial support. This spouse may receive post-separation support (temporary alimony paid for a set period) or alimony, either agreed upon by both parties or ordered by the court. Ideally, both parties reach this agreement with the help of their lawyers.
Types of Spousal Support
Post-Separation Support
This temporary form of support is granted before alimony is decided. Typically, marital misconduct that may have led to the divorce and was grounds for the divorce, is not considered at this stage; the focus is primarily on the financial needs of both parties.
Alimony
This support aims to help the dependent spouse maintain their standard of living. The alimony amount is determined, in part, by the relative needs of both parties and the supporting spouse’s ability to pay.
How Long Does Spousal Support Last?
Post-Separation Support
The purpose of post-separation support is to provide temporary financial assistance to one spouse after separation until alimony is either granted or denied by the court.
Alimony
Alimony is a more enduring form of financial support for a dependent spouse. However, the term “permanent” can be misleading. It generally doesn’t imply that the dependent spouse will receive alimony indefinitely; instead, the support is set for a specific number of months or years. Judges have significant discretion in determining both the amount and duration of alimony.
Moreover, marital misconduct by either or both parties can significantly influence the alimony award.
How does remarriage affect alimony?
In most cases, if the recipient of alimony remarries, the obligation for the paying spouse ends on the date of the new marriage. The paying spouse can usually stop payments without returning to court. However, exceptions exist—such as when outstanding alimony payments from before the remarriage are still owed or if a lump-sum alimony payment was ordered and hasn’t been fully paid.
How Is Alimony Determined in North Carolina?
To be granted alimony, the dependent spouse must demonstrate that they cannot maintain the lifestyle they enjoyed during the marriage without financial support from the other spouse. However, if the dependent spouse committed adultery during the marriage, they are likely ineligible for support. If both spouses were unfaithful, the court will decide based on the specific circumstances.
Alimony can be paid to the dependent spouse in various ways:
When determining alimony, courts consider many factors, such as:
These and other factors influence the court’s decision on whether alimony will be awarded indefinitely, for a specific period, or not at all.
Why Should I Hire a Spousal Support Attorney?
Adjusting to life after a divorce can be challenging, especially if you’re used to a certain lifestyle. If you’ve sacrificed your own career opportunities to manage the household, rebuilding independence may take time. It’s fair to seek alimony from your ex-spouse to address income disparities, but negotiating the terms and amounts often requires legal expertise.
Even if both parties agree that alimony is appropriate, disagreements may arise over how much is owed, how long payments should continue, or whether they should cease upon finding employment or remarrying. You might also prefer to settle on a total sum, ending payments once that amount is reached.
If you’re unsure about the amount of support you may owe or receive, it’s important to consult an experienced family law attorney. Unlike child support, which is calculated using a standardized worksheet, spousal support depends partly on each party’s reasonable monthly expenses and their respective incomes.
Contact an Alimony Attorney Today
At Wilson, Reives & Doran, we serve individuals throughout Sanford, Apex, and the surrounding communities. Given the numerous critical factors involved in spousal support, you shouldn’t handle the negotiations alone. Your priority should be to secure the best legal counsel you can to ensure that the divorce process goes as smoothly as possible so you are able to adapt to this big life change. Let us manage the legal complexities and decisions related to your alimony so you can focus on moving forward.