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If you are getting divorced or are separated in North Carolina, the process can be financially challenging. It can be hard to know what the future holds. At Routh Law, we know how difficult it can be to have your financial security in question. You may have questions about how spousal support works and what you should expect in terms of support once your divorce is finalized. Our experienced team can walk you through each step of the divorce process and discuss how your needs might be met through spousal support. Contact us today to schedule an initial consultation.
Spousal support or “alimony” is often a part of divorce proceedings in North Carolina. Alimony is paid by a “supporting spouse,” and is paid to a “dependent spouse.” These payments may take the form of a single lump sum, or may be made on a monthly basis depending on the situation.
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A “dependent spouse” is financially dependent on and requires the support of a “supporting spouse” to meet their monthly needs and expenses based on the lifestyle that they became accustomed to during the life of the marriage.
Unlike child support, there are no state mandated guidelines to determine spousal support. Instead, the court will take multiple factors into consideration to determine the necessity of alimony or post-separation support, the amount paid, and how long payments should be made.
Post-separation support is different from alimony. It is a short-term type of spousal support, intended to help a dependent spouse meet their “immediate financial needs” until alimony is decided by the court.
Similarly to alimony, it’s calculated based on each party’s financial need, their accustomed standard of living, the income of both individuals, their separate and marital debts, and their expenses, among other factors.
In North Carolina, there are no guidelines as to how long alimony should last. Rather, this is decided by a judge after reviewing the specific facts of each individual case. Still, alimony payments may be terminated earlier than the time period set by the judge if the receiving spouse remarries, cohabitates with another partner, or if one of the spouses dies.
Alimony can also be modified if there is a “substantial change of circumstances” in either the needs of the dependent spouse, or the supporting spouse’s ability to pay.
Alimony can also be modified if there is a “substantial change of circumstances” in either the needs of the dependent spouse, or the supporting spouse’s ability to pay.
As a skilled negotiator and family law attorney, Kelly Routh can help you get through the difficulties of your divorce settlement in North Carolina, including the alimony and spousal support process. Contact us now to schedule a consultation, and see how we can help you protect your financial future during your divorce.
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