Guidance You Need For Fair Spousal Support
Your spousal support order will determine your financial prospects after your divorce. While some spouses may try to weaponize this area of divorce, you deserve a North Carolina attorney who can help you pursue an agreement that is fair for everyone.
At the Stauff & Gross, PLLC office in Raleigh, we have years of experience representing clients through all the challenges of a divorce. We can remain so successful in our work because we develop personalized representation strategies based on the unique needs of each of our clients.
What You Should Know About Spousal Support
In North Carolina, there are two types of spousal support: post-separation support and alimony.
- Post-separation support is a temporary payment that a court can award one spouse during the parties’ separation period.
- Alimony is a final court disposition ordering one spouse to make certain payments for a set period of time (or indefinitely) to the other.
North Carolina courts examine several factors in calculating post-separation support or alimony awards, including the following:
- Each spouse’s income and earnings
- The spouses’ ages
- The spouses’ physical, mental and emotional health
- The length of the marriage
- Whether one spouse contributed to the other’s education during the marriage
- Each spouse’s assets and liabilities
- Any marital misconduct that occurred
If you think your former partner owes you some form of support in your divorce, or if he or she is demanding financial support from you, engage an attorney right away.
FAQs: North Carolina Spousal Support
Understanding how spousal support works in North Carolina can be a complex undertaking, especially when circumstances change after a divorce. Below are answers to some of the common questions asked about spousal support. The answers can help you understand your rights and obligations under state law.
Can spousal support be modified after it is awarded?
Yes, spousal support can be modified if there is a substantial change in circumstances. Examples include a significant change in income, health status or financial needs of either party. The process involves petitioning the court to review and approve the modification. The requesting party must provide evidence that the change affects the fairness or feasibility of the original court order.
How can I contest a spousal support decision if I disagree with it?
You may contest a spousal support decision by filing a motion for reconsideration or appealing the ruling to a higher court. This process typically involves demonstrating that the court made a legal error, misinterpreted evidence or failed to consider relevant factors. Working with an experienced family law attorney can help you navigate the procedural requirements while strengthening your argument.
How does marital misconduct affect spousal support in North Carolina?
Spousal misconduct during marriage can influence whether spousal support is awarded and how much is granted. If the dependent spouse committed adultery before separation, the court must deny alimony unless doing so would result in manifest injustice.
If the supporting spouse committed adultery, the court is required to award alimony. Other forms of misconduct, such as abandonment or cruel treatment, may also be considered when determining support.
My ex-spouse is cohabitating. Can I terminate alimony?
Yes, alimony may be terminated if your ex-spouse is cohabitating with a new partner in a romantic relationship. North Carolina law defines cohabitation as a sustained, marriage-like arrangement that includes financial and emotional support. You must petition the court and present evidence of cohabitation, such as shared expenses, joint residence or public acknowledgment of the relationship.
Spousal support is not a fixed arrangement and can be influenced by many factors, including behavior, financial changes and lifestyle adjustments. If you believe your situation warrants a modification or termination, legal guidance is essential to ensure your rights remain secure.
Meet With A Lawyer You Can Trust
At Stauff & Gross, PLLC, we understand and respect the importance of securing your financial future and can help you manage a potentially contentious child or spousal support case. If you are ready to schedule your initial consultation with our dedicated and committed team, contact us today by calling us at 919-891-8812 or email us here to schedule your initial consultation today.