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Divorce financial
planning is about the future. A divorce financial
analyst looks at the years following the divorce to see
how both the man and the woman can expect to fare.
Post Separation
Support, sometimes called spousal support, is designed
to provide the (dependent) spouse with money for living
expenses. This is need based and seeks to help the
dependent spouse maintain the standard of living to which
they were accustomed during the marriage. This is
completely independent form child support and should not
be confused. Factors considered by the court include:
- Financial Needs of
Parties
- Parties' Standard of
Living
- Present Employment
income and other recurring earnings of each party from
any source
- Income earning
abilities
- Separate and marital
debt
- Reasonable expenses
to support
- Legal obligations to
support any other person
Alimony is defined in
North Carolina law as an order for payment for the
support and maintenance of a spouse or former spouse,
periodically or in a lump sum, for a specified or for an
indefinite term, ordered in an action for divorce,
whether absolute or from bed and board, or in an action
for alimony without divorce. Alimony considers equity
and fairness along with sixteen (16) factors in the
statute:
- Marital Misconduct
- Relative Earnings
and Earning Capacities
- Ages and Physical,
Mental, and Emotional conditions of each party
- Amount and sources
of earned and unearned income of both spouses,
including, but not limited to, earnings, dividends,
and benefits such as medical, retirement, insurance,
social security, or others
- Duration of Marriage
(length)
- Contribution of one
spouse to the education, training, or increased
earning power of the other spouse
- The extent to which
the earning power, expenses, or financial obligations
of a spouse will be affected by reason of serving as
the custodian of a minor child
- The standard of
living of the spouses established during the marriage
- The relative
education of the spouses and the time necessary to
acquire sufficient education or training to enable the
spouse seeking alimony to find employment to meet his
or her reasonable economic needs
- The relative assets
and liabilities of the spouses and the relative debt
service requirements of the spouses, including legal
obligations of support
- The property brought
to the marriage by either spouse
- The contribution of
a spouse as homemaker
- The relative needs
of the spouses
- The federal, state,
and local tax ramifications of the alimony award
- Any other factor
relating to the economic circumstances of the parties
that the court finds to be just and proper
- The fact that income
received by either party was previously considered
distribution of the parties' marital and divisible
property
If you are in need of
an attorney to pursue post separation and/or alimony,
you need an experienced trial attorney to advocate and
protect your interests. Teddy & Meekins attorneys are
equipped with the legal expertise and knowledge to help
you!
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