In North Carolina, the court has the power to award spousal support once two parties have decided to separate. Spousal support—which is also commonly referred to as post-separation support or alimony—is monetary support paid from one spouse to another. This type of financial support could be paid either monthly or be paid in a single lump sum. In order to qualify for spousal support, one party must be actually substantially dependent upon the other spouse for support and maintenance.
If you are going through a divorce, spousal support could play a role in your case. However, this is a complicated issue, and you should speak with one of our family law attorneys at Apple Payne Law about your eligibility to receive spousal support or your obligation to pay such support. Let a Kernersville spousal support lawyer advise you of your legal rights during the dissolution of your marriage.
In general, the courts have the power to award two different types of spousal support. The specific nature and amount of support owed will vary from one court to the next because there are no guidelines in North Carolina as to the amount of support you may receive or have to pay and for how long the obligation may last. A knowledgeable Kernersville attorney could explain when both types of spousal support are available and when they might be awarded.
Post-separation support is an award of spousal support that is meant to be temporary and to last only until a Court can address a formal award of alimony. This type of award ensures that a spouse has access to the financial means they need until the formal award of alimony can be addressed.
Alimony is the second type of spousal support. Alimony is meant to be the final determination of what a spousal support award will entail. In some cases, alimony may be modifiable. If post-separation support was ordered, alimony replaces that obligation.
A judge must take a number of different factors into account when deciding if spousal support is appropriate, most importantly, the financial needs of each party. The extensive list of factors that could be considered by the court may impact the need for support in the eyes of the judge. A dedicated family lawyer could argue for or against the need for spousal support based on these factors.
The most important considerations include:
While there are complex formulas used for calculating child support, no such formal requirements exist for determining the necessary amount or duration of alimony in a divorce proceeding. Given the large number of factors at play, an alimony award could vary significantly from one case to another.
Spousal support can be one of the most contentious aspects of divorce. It is vital that you protect yourself during this process. A motivated Kernersville spousal support lawyer at Apple Payne Law will advocate on your behalf. Get in touch today to learn more.
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Kernersville NC 27284
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Winston-Salem NC 27103