Alimony And Spousal Support Guidance
Alimony, or spousal support, is the provision of financial support to a dependent spouse by a supporting spouse after separation or divorce. At The Law Offices of Aimee E. Cain, our goal is to provide a calm and compassionate advocate for our clients, while helping them to negotiate a financial settlement that will allow all parties to move forward in their lives with as little financial hardship as possible.
Ms. Cain is a Certified Family Financial Mediator and has helped many clients resolve alimony and support issues through mediation, arbitration, and the collaborative process. If the parties cannot reach an agreement, then we aggressively pursue a court’s order that is suitable for the situation.
Post-Separation Support
When a married couple separates, a judge may enter an order requiring one spouse to make a monthly post-separation support payment for the financial support of that spouse while the couple proceeds through the legal process. In determining the award of post-separation support, the court considers the financial needs of the parties in addition to:
- The standard of living the couple was accustomed to in the marriage
- Sources of income and earnings of the parties
- The ability of the spouses to earn a living
- Debt, both martial and separate
- Reasonable expenses needed to support the parties
- Other legal obligations the parties may have
Other factors, such as marital misconduct, may also weigh into the court’s decision.
Alimony
After a court has made a decision regarding post-separation support, the court may enter a subsequent order requiring one spouse to make a monthly alimony payment to the other spouse for their financial support, based either on an agreement of the parties or on a decision by the court following trial. Unlike child support, there is no formula to calculate alimony payments. Rather, the court has discretion in deciding not only how much alimony is awarded, but also the duration of any support. There are many factors a court considers such as:
- Whether either spouse engaged in illicit sexual behavior during the marriage and after the parties separated
- How long the parties were married
- The earnings and earning capacity of each party in addition to sources of unearned income such as social security and dividends
- Tax ramifications of an award of alimony
- Contributions by a spouse to the others education and training
Many other factors may be taken under consideration by a judge in reaching a decision regarding alimony. Concord alimony attorney Aimee E. Cain has assisted numerous clients – dependent and supporting spouses alike – in reaching favorable outcomes with respect to North Carolina alimony.
Talk To An Experienced Concord Alimony Lawyer About Financial Support
Ms. Cain invites potential clients to contact her office to discuss legal representation by her firm in their alimony proceedings.