Salisbury Alimony Lawyer

The Law Offices of Aimee E. Cain Salisbury Alimony Attorney

Divorce is often a difficult process. As a couple navigates the end of their marriage, they are likely to experience overwhelming and frustrating emotions. Dissolving a marriage means separating one joint life into two, a challenging feat when the marriage did not start with the intent of separating. One especially difficult issue is determining spousal support. With the help of a Salisbury alimony lawyer, that process can be made a little easier.

At The Law Offices of Aimee E. Cain, our family law team has more than 20 years of experience with helping clients reach a resolution in their divorce. We help our clients work through all aspects of divorce, including child support, child custody, alimony, and more. We know all the challenges you are likely to face and support you by staying focused on reaching a resolution. Our goal is to help you take the first step in your new journey with confidence.

Spousal Support

Spousal support, commonly known as alimony, is the financial amount ordered in a divorce settlement that one spouse is obligated to pay the other spouse. Often in a marriage, there is a disparity in income and earning potential. The purpose of spousal support is to provide the lower earning spouse the opportunity to gain a financial foothold in their new life with monetary support from the other spouse.

While many who are ordered to pay spousal support see it as a punishment, it is a vital part of starting over after a marriage. During the marriage, the couple worked together to create financial stability, and when that is taken away, one spouse may be at risk of facing financial hardship. There are two kinds of spousal support that can be awarded in North Carolina:

• Post-separation support. This type of support could be awarded to one spouse after a couple has decided to separate but prior to the final divorce. This is a temporary award and is only applicable until the finalization of the divorce.
• Alimony. This is the long-term spousal support that is awarded to one spouse after the divorce is finalized and is applicable to the specific terms within the final agreement.

Determining Spousal Support

The amount of spousal support an individual is expected to pay depends on a variety of circumstances. Factors such as the duration of the marriage, the age and health of each spouse, the income earning potential for each spouse, and how much each individual can contribute to their own financial stability are relevant in the calculations. These factors, as well as any matters of infidelity, will be used in determining eligibility for paying or receiving spousal support.

The earning potential for each spouse factor will include where each spouse is at in their career. Often, in a marriage, one spouse will set the advancement of their career aside in order to help focus on the advancement of the other spouse. This could even mean one spouse not working in order to care for the home or children so that the other spouse could continue to grow in their position. The law still sees both spouses as contributing to the overall income of the marriage.

The length of time that one spouse will receive alimony is also determined by pre-determined factors. While you may hear the term permanent alimony used in your divorce process, it is not actually permanent. Parameters in the determination of how long alimony should be awarded will be a part of the divorce settlement in Salisbury, NC. Alimony could be awarded for just a short period of time or until the receiving spouse remarries, passes away, or moves in with another romantic interest.

Spousal Support Modifications

Modifications can be made to alimony orders, but these changes cannot be done through a verbal agreement of the parties involved. If you wish to have spousal support modified due to a change in circumstances, as either the payor or payee, it is important to involve your attorney, who can help guide you through legally modifying any orders of support. Without a court order, there is no legal modification, and the payer can be penalized for failure to follow the court order.

FAQs

Q: How Long Do You Have to Be Married in North Carolina to Pay Alimony?

A: In North Carolina, there is no specific amount of time in which you have to be married to pay or receive alimony. While the length of the marriage is a determining factor in how much you may need to pay or you could receive, there are other considerations as well. These include marital infidelity, each spouse’s earning potential, any children in the marriage, and more.

Q: What Disqualifies You From Alimony in North Carolina?

A: North Carolina has several marital misconduct circumstances for which a spouse could be disqualified from receiving alimony. Examples of such behaviors include committing adultery, abandonment, spending money recklessly, abusing the other spouse in any way, addictions to drugs or alcohol, or refusing the other spouse the financial support necessary to achieve basic needs.

Q: What Is the North Carolina General Statute for Alimony?

A: The general statute in North Carolina regarding alimony is 50-16.3A. Under this statute, alimony may be provided from one spouse to another if it is determined that one spouse is dependent on the other for support. The statute further says that any award of alimony is equitable in nature after considering all the factors involved in the marriage.

Q: How Is Alimony Calculated in North Carolina?

A: North Carolina does not use a standard formula for the calculation of alimony. The law allows the judges overseeing the divorce to use their own professional judgment while determining the amount awarded and how long that amount is to be paid. The judge in each divorce proceeding will award alimony on a case-by-case basis, as determined by the individual’s circumstances.

Salisbury Alimony Lawyer – Spousal Support Attorney

Working through a divorce is complicated. What can start out as a mutual venture to reach an amicable agreement can quickly dissolve into an argumentative and emotionally driven process. If you are facing a divorce, call Attorney Aimee E. Cain. With the help of a spousal support attorney from our team, we can help ensure any award of spousal support is fair and equitable. Contact us today to find out more about how we can help.