Charlotte Divorce Lawyer Blog
Five Things to Know About Spousal Support in North Carolina
Divorce can be difficult and even the most agreeable couples often get into disagreements over the settlement. The main areas of settlement, such as the distribution of assets and child support, can be somewhat straightforward in some instances. What can be in dispute is the financial support of a spouse. Also called alimony, spousal support is sometimes a necessity when one partner is not able to make ends meet without it. A knowledgeable divorce attorney will guide you through the divorce process and assist you with spousal support matters.
Spousal Support is Not Automatic
Alimony is determined on a case-by-case basis. While alimony was more common years ago, when only one spouse worked outside the home, it is less common now. When both partners work, there may be little need for one to support the other when they divorce. You may request spousal support and must provide detailed information that proves you require your former partner to help you with your ongoing living expenses.
Marital Misconduct Can Factor Into Spousal Support
The court reviews a number of factors when determining whether to order support and the amount of support to pay. One of these factors is marital misconduct. Although marital misconduct is not a factor in divorce settlements, it can play a role in alimony. Some types of marital misconduct include adultery, financial misconduct, domestic violence, substance abuse, and more. For example, if one partner spent marital funds on an affair, it could create a financial imbalance that may be rectified through spousal support.
Post-Separation Support is Temporary
North Carolina provides a way for a spouse to get support during the separation period. Post-separation support is an option that allows one spouse to pay a portion of expenses for the other spouse while they prepare for divorce. This effectively gives a spouse the means to get back into the workforce, for example, if they have been away, such as when raising children. This type of support ends when the divorce is final.
You Can Request a Modification
After the divorce is finalized, both parties must live with the court orders. However, there may be circumstances that allow one party to request a review of their spousal support. A modification is only possible in cases where there has been a significant change in circumstances that would warrant review. For example, if a spouse loses his or her job or has a significant reduction in income, the court may revisit the amount of support that is paid. Remember that even if a review request is allowed, the court may still determine that a modification is not warranted.
Every Spousal Support Case is Different
With so many factors to consider it is important to know that every support case is unique. Spouses can come to an agreement regarding alimony. This is best accomplished with guidance from a knowledgeable attorney. Your lawyer will help present the details of your position on whether alimony is necessary or not in your specific instance.
Spousal support is not always granted, so it is helpful to discuss the matter in detail with a qualified divorce attorney. To learn more about spousal support, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html
https://www.law.cornell.edu/wex/marital_misconduct
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