Spousal support, also known as alimony, is often a source of contention between spouses in a North Carolina divorce. It consists of a monetary payment made by the more financially advantaged spouse to the spouse who earns less or who is totally dependent on his or her partner. This payment is based on the idea of helping the disadvantaged spouse meet his or her reasonable needs and expenses and to maintain the standard of living enjoyed during the marriage. It can also be impacted by a history of marital misconduct by either spouse during the marriage.
You and your spouse can come to an agreement on your own about this issue. It may also be part of a valid prenuptial agreement, which the court will honor as long as it finds the agreement to be fair. If the two of you cannot agree on this issue, it will proceed to court, where the judge will ultimately make a decision about it. Having an experienced attorney who can guide you through this issue, whether through negotiation or litigation in court, is vital. At The Nesmith Firm, we have concentrated our practice on divorce and family law issues for years and have built a strong track record of successful results. Our firm is dedicated to providing you with attentive care and strong advocacy.
Reach out to The Nesmith Firm at (704) 741-7363 or through our online request form to book a consultation with our Charlotte spousal support attorney about your alimony case.
Understanding Alimony and Spousal Support in North Carolina
Spousal support can be a complicated issue involving many factors. As a dependent spouse, you must demonstrate that you need the financial support of your spouse to meet expenses and maintain the lifestyle you had during the marriage. The issue will also be impacted by your spouse’s ability to pay once his or her own reasonable expenses are met. If these factors are established as being met, the next question will be how the support will be paid and at what amount.
Understanding Different Types of Spousal Support in Charlotte, North Carolina
Spousal support, often referred to as alimony in North Carolina, is financial assistance awarded to help a dependent spouse maintain a reasonable standard of living after divorce. Charlotte residents navigating the process of divorce should understand the types of spousal support available, as well as how eligibility and amounts are determined by the courts. Below, we’ll break down the main types of spousal support and important considerations involved.
Types of Spousal Support
Temporary Spousal Support
Temporary spousal support, also known as post-separation support, is a short-term financial arrangement awarded while a divorce is still pending. Its primary goal is to help the dependent spouse cover immediate expenses, such as housing, utilities, or daily living costs until the divorce is finalized.
- When Does It Apply? Temporary support is typically ordered when one spouse demonstrates financial dependence and an immediate need for assistance after separation.
- Duration: It usually lasts until the court makes a final ruling on permanent alimony or until the divorce is completed.
Rehabilitative Spousal Support
Rehabilitative spousal support is designed to help the recipient become financially self-sufficient over time. This type of support is common in cases where one spouse needs assistance to pursue education, training, or career advancement in order to secure steady income.
- When Does It Apply? This form of alimony is awarded when the dependent spouse has the potential to become self-supporting but requires financial help to achieve this goal.
- Duration: Payments continue for a set period, which may vary depending on the educational or professional goals of the recipient.
Permanent Spousal Support
Permanent spousal support is awarded in cases where one spouse is unlikely to become self-sufficient, often due to age, health conditions, or a long-term absence from the workforce.
- When Does It Apply? Courts typically grant permanent support in situations involving long marriages where one spouse significantly sacrificed career opportunities to support the family.
- Duration: Although termed "permanent," this support may not last indefinitely. It can end if the recipient remarries, cohabitates with another person, or if either party passes away.
How is Spousal Support Paid in North Carolina?
Spousal support can be paid in the following ways:
- In a lump sum
- In monthly payments
- Through a transfer of a property, possession, or asset
- Through the withholding of a spouse’s income/wages
