If you and your spouse are getting divorced, you must agree on several family law issues before your divorce is final. Depending on your financial situation, one of those issues could include spousal support, also often referred to as alimony. If you want to find out if you or your spouse may be ordered to pay alimony, you should contact a Greensboro alimony lawyer for legal advice.
Kreider Attorneys At Law would be happy to provide the legal representation you need as you prepare for the divorce process. Our legal team has guided numerous North Carolina clients through complicated divorce cases, so you can rest assured that we’ll work hard to get you the best possible results on legal issues like spousal support, child custody, and child support. Call our Greensboro family law office to learn more about how we can assist you.
What Are the Types of Spousal Support in North Carolina?
As you prepare to speak with alimony attorneys about your case, it’s helpful to understand the types of spousal support that may be available to you or your spouse. North Carolina law recognizes two types of financial support: post-separation support and alimony.
Post-separation support is temporary support that one spouse may be ordered to pay to the other spouse while they are separated, prior to the divorce being finalized. This ensures that the spouse with a lower income can afford to pay their bills during the divorce process. Also known as temporary alimony, post-separation support typically ends when the divorce is finalized. At that point, the judge will issue orders regarding property division and permanent alimony, ensuring both spouses have the financial means to pay their bills after divorce.
The other type of spousal support in this state is alimony, also known as permanent support. This may be ordered after the divorce is final, depending on the economic circumstances of each spouse. If it’s clear that one spouse is financially dependent on the other and unlikely to afford their financial obligations after divorce, they may be granted alimony that will continue for several years or even indefinitely.
If you have questions about whether you’re likely to receive spousal maintenance or may be ordered to make alimony payments to your former spouse, it’s time to seek legal advice. Skilled family law attorneys have a deep understanding of spousal support laws in this state, so call our law office today for answers from a knowledgeable Greensboro alimony lawyer.
What Factors Do North Carolina Courts Consider Before Awarding Spousal Maintenance?
If your divorce case just started and you’re worried about how you’ll pay your bills over the next several months, your divorce lawyer may recommend that you request post-separation support. This will require you and your lawyer to show the court that you don’t have the financial stability necessary to afford your bills during divorce, but your spouse does.
Once you can prove that you’re substantially dependent on your spouse and they have the ability to pay post-separation support, the judge may grant you a temporary alimony award during divorce proceedings. When determining alimony of this kind, the judge will consider certain relevant factors, such as:
- Each party’s present employment income and future earning capacities
- Each party’s reasonable expenses
- Separate and marital debt service obligations
- Each party’s respective legal obligations to support someone else, such as minor children from a previous relationship
- The standard of living during the marriage
- Whether one spouse committed marital misconduct, such as adultery, abandonment, reckless spending, drug use, abuse, or other cruel treatment
Depending on these factors, your separation agreement could include post-separation support. This type of alimony award usually lasts until the divorce is final, after which you could be granted permanent alimony if the judge determines that it’s necessary. The following are some of the main factors affecting whether a spouse seeking alimony will get it and the amount they should expect:
- The duration of the marriage
- The age and health of both spouses
- The relative needs of both spouses
- Each spouse’s earned and unearned income
- The relative education of each spouse
- The future earning capacities of both spouses
- The standard of living that the spouses established during the marriage
- Each spouse’s contributions to the marriage, including homemaking, childcare, and any other actions that may have increased the earning power of the supporting spouse
- The length of time it would take for the dependent spouse to acquire sufficient education or job training to become self-supporting
- Any property brought to the marriage by each spouse
- Marital misconduct by either spouse
If you want to know what to expect from your alimony claim, call our North Carolina alimony attorneys for legal guidance. We know how to review the relative earnings, relative assets, financial needs, and other factors that affect alimony awards, so contact us for legal answers before your absolute divorce is final.
When Does Alimony End in North Carolina?
Whether you’re the dependent spouse or the supporting spouse in your alimony case, you’re likely curious about how long alimony payments will last. Only a family law attorney familiar with your case can provide an accurate answer, since the amount of time you’ll pay or receive alimony varies based on several factors.
Generally, post-separation support ends once the divorce is final since it’s considered temporary support. By contrast, alimony awarded after divorce often continues for years and may even be indefinite. While it’s common for dependent spouses to receive alimony for about half the length of time their marriage lasted, those with marriages that lasted over 20 years could get alimony indefinitely. Other factors that determine alimony duration include the dependent spouse’s financial needs, age, and health, as well as the supporting spouse’s ability to pay.
Alimony automatically ends when the dependent spouse remarries or cohabitates with a partner, or when the dependent or supporting spouse passes away. Either spouse has the right to ask the court to modify the alimony award when their circumstances change, such as a substantial change in income or expenses. Contact our office for legal help if you need to modify alimony or have questions about how long your alimony award will last.
Do You Need Legal Representation from a Skilled Alimony Lawyer in Greensboro, NC?
Alimony is an important family law issue that may significantly affect your financial situation. For this reason, you should speak with an experienced Greensboro alimony lawyer to determine how this issue might impact your divorce.
At Kreider Attorneys At Law, we have a former District Court Judge on our legal team, so you can rest assured our lawyers are thoroughly prepared to seek the best possible outcome for your family law case. Please call 336-770-2017 to discuss any details relevant to your North Carolina divorce.