Alimony Attorneys in Wake County
Helping Our Clients Create a Spousal Support Plan for Residents of Raleigh & the Triangle
When spouses go through a divorce, one party may need financial assistance or support from the other for a period of time. Alimony is the payment of support by the supporting spouse to the financially dependent spouse. Payments for spousal support can be made in a lump sum or periodic payments typically paid monthly.
A “dependent spouse” is substantially dependent upon the other spouse for maintenance and support or is substantially in need of maintenance and support from the other spouse. N.C. Gen. Stat. §§ 50-16.1A(2), 50-16.3A. A “supporting spouse” is one upon whom the other spouse is substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support. N.C. Gen. Stat. § 50-16.1A(5). In addition, certain acts of adultery by either party during the marriage may either bar or guarantee alimony.
For your unique legal advice and guidance, call our firm at (919) 838-7160 today.
What Is Post Separation Support?
Post separation support is spousal support to be paid before the court awards or denies alimony. An award of post separation support, once granted, ends on the earlier of one of two dates:
- The date designated by the court in its order awarding post separation support
- The date on which the court enters an order awarding or denying alimony
A dependent spouse is entitled to post separation support if the court finds that the resources of the dependent spouse are inadequate to meet his or her reasonable needs and the supporting spouse can pay the post separation support.
In awarding post separation support, the court considers the financial needs and circumstances of the parties, including the parties’:
- standard of living during the marriage
- financial needs
- earning capacity
- present employment income
- debt obligations
The court considers marital misconduct by both parties in determining whether to award post separation support and in calculating the amount of post separation support.
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Under N.C. Gen. Stat. § 50-16.3A, the court considers the following sixteen factors to determine the amount of an alimony award and how long it will be awarded:
- The marital misconduct of either spouse
- The relative earnings and earning capacity of each spouse
- The ages and physical, mental, and emotional conditions of each spouse
- The amount and sources of earned and unearned income of each spouse
- The duration of the marriage
- The contribution of one spouse to the education, training, or increased earning power of the other spouse
- The extent to which finances of a spouse will be affected by a spouse serving as a custodian of the minor child
- The standard of living during the marriage
- The relative education of each spouse and the time or training necessary to enable the dependent spouse to find employment
- The relative assets and liabilities of the spouses
- The property brought to the marriage by both spouses
- The contribution of a spouse as a homemaker
- The relative needs of the spouses
- Federal, State and local taxes implicated in an alimony award
- Any other factor relating to the economic circumstances of the spouses
The amount of an alimony award and the length of time it will last are completely within the discretion of the court. The amount of alimony awards vary greatly; there is no formula which determines the amount. Generally, the court considers the financial needs of the dependent spouse and the supporting spouse’s ability to pay the alimony.
For legal advice and guidance regarding your unique circumstances, call our firm at (919) 838-7160 or complete our online form.
Relentless & Aggressive
Daphne is relentless, in negotiations and trials, and while attempting to settle as much as possible, aggressive representation is sometimes necessary.
High Level of Skills
Daphne spent years working on federal and state appeals, giving her opportunities to develop strong legal writing skills, litigation skills, and negotiation skills.
Personal & DedicatedDaphne approaches each client with the personalized attention and care she would want her sibling to receive if going through a divorce; it's personal to her.
Decades of ExperienceDaphne has over two decades of experience in state and federal courts and has been negotiating and litigating divorce and family law cases for years.