Some people going through a divorce or separation in North Carolina have a hard time wrapping their heads around spousal support. Concerns like, “How will I support myself?” are reasonable ones to consider. “How does alimony differ from spousal support?” How long does it take to get help after a divorce?
As a dependent spouse, you may find yourself anxious about the future. But in North Carolina, you can pursue many avenues for spousal assistance. Post-separation payments and spousal support are two of the available choices.
Let’s go deeper into the differences between these two forms of spousal support and the considerations that go into a judge’s awarding one over the other.
Differences Between Alimony and Spousal Support in NC
After a divorce, one spouse may get alimony, which is a form of spousal maintenance. Alimony orders issued by a judge can be incorporated into a final divorce decree.
In the state of North Carolina, an “absolute divorce” can be filed for without pointing fingers. Spousal support, on the other hand, is not the same, and a court may base the amount and duration of assistance a spouse receives on their behavior during the marriage.
While a divorce is pending, you may be eligible for post-separation support payments. Permanent alimony payments are possible after a divorce (or until you remarry).
Post-separation support only lasts until the final divorce decree, but alimony continues after the divorce is finalized and typically lasts for a longer period of time. You can lose your right to alimony if you don’t fight for it before the divorce is finalized.
This is why it is important to hire a divorce lawyer. Having a divorce attorney on your side can help you get the spousal assistance you need and ensure that your rights are protected throughout the process.
Who Qualifies to Receive Alimony or Post-Separation Support?
During the time of separation, a spouse who is financially reliant on the other may request temporary spousal assistance. Spousal support is sometimes negotiated between partners. When it comes to a paying spouse, there are different opinions.
However, if you are the lower-earning spouse and need financial help, alimony may be an option for you. In the event that you are in financial need, a judge may order your ex to pay spousal support. Even if you are able to support yourself, you may be entitled to spousal assistance if your husband commits adultery.
In a divorce case, alimony may be awarded from the spouse at fault to the spouse who is receiving support. The judge may order spousal support to begin during the time of separation if the circumstances warrant it. The state legislation allows your ex to provide support to fulfill your financial demands if your new financial situation without your ex-spouse will leave you in need.
You can get the aid you need from a lawyer if you are going through a divorce and want to receive alimony or post-separation support from your ex at that time.
How is Spousal Support Determined?
For the duration of a separation or after a divorce, spousal support payments can help cover essential costs like housing, food, and transportation.
A court may rule that you are entitled to spousal support on the basis of financial hardship if your spouse has the ability to pay for your reasonable requirements. The court will issue an order establishing spousal support in the form of alimony or post-separation maintenance, if it finds that such support is appropriate.
Many factors are taken into by the court when deciding on spousal support (including post-separation support and alimony) for the recipient spouse:
- Earning potential includes salary, interest, dividends, and insurance (health, life, disability, unemployment, etc.), as well as Social Security and spousal contributions.
- Liabilities in terms of money.
- Considering each partner’s age as well as their own physical, mental, and emotional characteristics.
- Factors such as the longevity of the marriage, the couple’s previous style of living, and each current spouse’s needs.
- Each partner’s investment in their own education as well as in their partner’s education, training, or earnings.
- Effects of child custody on the family budget.
- Acquired assets from the bride and groom.
- Tax implications of alimony at the federal, state, and local levels.
Infidelity in a Marriage
When deciding issues of equitable distribution of property and alimony or spousal support, the court solely takes marital wrongdoing into account.
Those who are unable to make ends meet and who believe they may be entitled to spousal support are encouraged to get in touch with us. We can aid in alimony calculations, divorce case management, rule interpretation, and trial preparation.
What is the typical duration of spousal support?
Alimony terms might be short or long depending on the circumstances. It depends on a variety of things, including the couple’s income and length of marriage, among others.
Alimony and post-separation support payments in North Carolina might be ordered by a judge for a set or open-ended duration. Alimony in North Carolina is meant to help a spouse or ex-spouse out by providing financial support.
Regular or one-time payment
Spousal support payments can be sent on a periodic basis, such as once a month, or in a lump sum, which can be paid by wire transfer from one spouse to the other. In some cases, the court may order spousal support to continue indefinitely; however, in most cases, alimony terminates when the supported spouse remarries.
Our experienced lawyers can help
Divorce can be one of the hardest and most emotionally draining things a person goes through in their life. Our divorce lawyers in Greensboro, North Carolina, know what you’re going through. We know how stressful a separation and divorce can be, and we’re ready to do whatever it takes to make your divorce easier on you. Click here for more information about divorce cases and how our law firm can help you: https://www.garrettandwalker.com/family-law-attorneys/uncontested-divorce-lawyers/