Waxhaw Spousal Support Lawyer

Waxhaw Spousal Support Attorneys

Spousal support is one of the things that can be awarded to one spouse as a result of a divorce. Both the payer and the receiver of spousal support can be anxious about coming to an agreement regarding alimony, because it can make a big impact on both lives. For couples going through a divorce in North Carolina, having an attorney help them through the legal process can help ease anxiety. Consider hiring a Waxhaw spousal support lawyer at Lehnhardt Price Family Law.

What Is Spousal Support?

Spousal support refers to one spouse providing financial support through payments as a result of the couple getting a divorce. This type of support can be provided by either the husband or the wife to their spouse — it is not gender specific. Determining who receives spousal support is typically based on who makes the higher income or if one spouse is dependent upon the other.

In some cases, one spouse expects to be financially supported by the other and may be awarded a specific amount of money for a certain amount of time, determined by the judge. There are two types of spousal support that can be awarded to a divorced spouse.

Alimony

Alimony, often referred to as spousal maintenance, is monetary support to one spouse for a long period of time. It is awarded to the spouse so that they may continue maintaining a certain quality of life, even after the divorce has been finalized. There is no specific amount of time that alimony lasts.

In some cases, alimony payments may last a few months until the spouse is able to financially support themself again. In other cases, payments continue for the rest of the spouse’s life. It’s crucial to have experienced separation agreement lawyers to protect your interests. Skilled attorneys from our law firm can help you understand your rights, negotiate favorable terms, and ensure that the alimony arrangement is fair and enforceable.

Post Separation Support

Post-separation support, also known as temporary alimony, refers to limited financial support for one spouse. This kind of financial support assistance is meant to help one spouse throughout the divorce process. It allows for that spouse to maintain their quality of life and cover necessary expenses after the couple has separated and is moving forward with divorce. Payments typically last until permanent spousal support is decided on by the judge.

How Is Spousal Support Determined?

Many factors help determine spousal support. Some of the things considered are:

• Marital misconduct. If either spouse committed marital misconduct, such as domestic violence, then that spouse may be ordered to pay more in spousal support.
• Mental and physical health. In the event that one spouse is unable to support themself due to poor health due to mental or physical ailments, then that spouse may be entitled to alimony.
• Current income and potential earnings. The courts examine the monetary earnings of both spouses, as well as their earning potential, based on the educational background when determining a spousal support amount.
• Length of marriage. In many cases, if the marriage lasted a long time, the larger the spousal support amount will be. In the case of older spouses, spousal support can be awarded for life.
• Assets and liability. The court considers all assets and liabilities of both spouses to help determine the amount of spousal support needed.
• Standard of living. If the spouses are used to a certain standard of living and wish to maintain it after the divorce, the court can help decide the amount needed to adhere to these standards.
• Taxes owed. The taxes owed on the alimony awarded can factor into spousal support.
• Needs of the spouse. The overall needs of the spouse are factored into the final decision of the amount of spousal support awarded.
• Contributions made by each spouse. The court examines how much each spouse contributed to keeping the marriage relationship healthy and even how much they contributed to household management. For example, parents who stayed home with their children may be entitled to spousal support.

There are other contributing factors that the court will take into consideration when determining spousal support. Keep in mind that each case in Waxhaw, North Carolina, is different, and no two divorce settlements are finalized in exactly the same way.

FAQs

Q: What Qualifies You for Spousal Support in North Carolina?

A: There are many qualifications for spousal support in North Carolina. The court will take into account your income (or lack of income), age, physical and mental condition, any assets in the marital property, any contributions made to the spouse’s education, contribution to the marriage and the household, the standard of living in the marriage, and the length of the marriage. Any misconduct that was done against you during the marriage can also be a factor.

Q: What Disqualifies You from Spousal Support in North Carolina?

A: There are a few things that would disqualify you from spousal support assistance in the state. Typically, any type of marital misconduct that you have committed will be counted against you in your request for spousal support. This includes cruelty and domestic violence, adultery, using drugs and alcohol excessively, or financial misconduct.

Q: What Is the Average Length of Alimony in North Carolina?

A: It is difficult to give an average length of alimony in the state, as each case is unique. Typically, the length of alimony payments lasts for half the time as the length of the marriage. However, other factors go into determining the amount and length of alimony awarded, so the length of the marriage is not the only deciding factor.

Q: What Is a Wife Entitled to in a Divorce Settlement?

A: The wife is entitled to up to half of the marital property in a divorce settlement if dividing it equally is fair for both spouses. The wife may also be awarded custody of the children, child support, and alimony. It must be noted, however, that she must qualify for these things. In some cases, the law does not allow for equal distribution of property.

Consult a Waxhaw Spousal Support Lawyer

During a divorce settlement, spousal support is one of the things that may be included to be given to one spouse. Coming to an agreement in regard to alimony can cause anxiety and a source of contention between the couple as it can make a big impact on both lives. For North Carolina couples going through a divorce, having a spousal support lawyer can help. Contact Lehnhardt Price Family Law for help in your case.