We Help Our Clients Reach Spousal Support Solutions
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 Daphne Edwards Divorce & Family Law, PC, at 919-891-8552 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 their 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 their:
- Standard of living during the marriage
- Financial needs
- Earning capacity
- Present employment incomes
- 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.
Amount And Duration Of Alimony
Under N.C. Gen. Stat. § 50-16.3A, the court considers the following 16 factors to determine how much and how long alimony will be awarded:
- The marital misconduct of either spouse
- The relative earnings and earning capacities 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 the 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 that determines the amount. Generally, the court considers the financial needs of the dependent spouse and the supporting spouse’s ability to pay the alimony. Our family law attorney at Daphne Edwards Divorce & Family Law, PC, can help.
Speak With Our Raleigh Alimony Lawyer Today
Attorney Edwards is ready to sit down with you and discuss your rights when it comes to an alimony arrangement. For legal advice and guidance regarding your unique circumstances, call us at 919-891-8552 or complete our online form to set up a consultation.