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Post Separation Support / Alimony

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!

North Carolina Lawyers - Injury, Criminal Defense, Accidents, Workers Compensation Attorneys - Shelby NC

Firm News

On January 21, 2010, Shelby attorney David Teddy was re-certified by the North Carolina State Bar as a specialist in North Carolina Criminal Law.
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Teddy & Meekins
Attorneys at Law
1219 Fallston Rd.
Shelby, NC 28150
24 Hour: 704-487-1234
Toll Free: 800-314-5290
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