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“Daniel Talbert is a top-notch attorney... he has a never-give-up approach even when things look bleak.”- Roger T.
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What Is Spousal Support and Who Gets It?
Spousal support is money paid from one spouse to another after a divorce to help the recipient spouse maintain something close to their pre-divorce standard of living.
The state court system states that “dependent spouses are entitled to receive alimony from supporting spouses.” A dependent spouse is financially reliant on the other spouse, who is known as the supporting spouse. Gender is not a factor in spousal support. A husband or a wife can be either a dependent or supporting spouse.
“David Teddy was more than worth the money... he actually took the time to listen.” - Rosslyn S.
“Daniel Talbert is a top-notch attorney... he has a never-give-up approach even when things look bleak.” - Roger T.
“Ralph is the epitome of what a lawyer should be.” - Melinda R.
“David Teddy and his team are outstanding!!! WORTH EVERY PENNY!” - Nicholas D.
A few different types of payments could be available after a divorce, including:
- Modifiable alimony – This is the most common type, in which the supporting spouse pays a certain amount to the dependent spouse each month. The exact amount can be modified if the dependent spouse gets a new job, remarries, etc.
- Temporary alimony – In many divorce cases, the supporting spouse will be ordered to pay a certain amount to the dependent spouse until the divorce process is complete. This support is known as temporary alimony.
- Permanent alimony – Permanent payments used to be more common, but it has become increasingly rare. As the name suggests, permanent alimony will continue until one spouse dies or the receiving spouse remarries.
- Lump-sum alimony – In certain divorce cases, the supporting spouse will pay the entire amount to the dependent spouse in one lump-sum payment. That is quite rare, however, as most support payments are made monthly.
An experienced family law attorney in Lincolnton, NC, can help you apply for temporary post-separation support and seek the maximum amount in post-divorce spousal support.
North Carolina state law outlines the different factors that determine how much alimony the supporting spouse will pay to the dependent spouse after the divorce. The factors include:
- The length of the marriage
- Any marital misconduct involved
- Age of both parties at the time of divorce
- Each spouse’s physical and mental condition
- Educational background of both spouses
- Each spouse’s income, earning potential, and history
- Standard of living during the marriage
- Current income and potential income
- Current expenses and needs
- Marital and non-marital property
- The child custody arrangement
- Any existing spousal support obligations
Alimony Laws in Lincolnton, NC
State law rather than federal, municipal, or county law governs alimony and other divorce-related matters in Lincolnton, NC.
Unlike in some states, no formulas or guidelines determine the size of alimony payments in North Carolina. Judges have wide latitude when deciding how much alimony a dependent spouse may receive from a supporting spouse. However, they will take the former’s need and the latter’s ability to pay into account.
One important North Carolina alimony law to be aware of is the one concerning “illicit sexual behavior.” In layman’s terms, a dependent spouse who cheated on their spouse before the divorce may lose their right to alimony. In contrast, a supporting spouse who cheated on their spouse before the divorce is more likely to be required to pay alimony.
Because North Carolina family law judges have considerable discretion when making awards, the specific outcome in your case will depend on the judge who hears your case — and how compelling an argument your divorce lawyers make on your behalf.
If you’re looking for a spousal support lawyer in Lincolnton, NC, Teddy, the law firm of Meekins & Talbert, P.L.L.C. is here to help you with all the family law issues that affect your children and your future. Our legal team is ready to answer any questions you have about family law issues.
Our family law attorneys serve clients in Lincoln County, Gaston County, Cleveland County, and surrounding areas of North Carolina. Contact our office today for a confidential initial consultation with a divorce attorney and find out more about the legal services we can provide you.