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Spousal support, including postseparation support and/or alimony, is an important component of many divorce cases. It can provide the lower-earning spouse with financial support following a divorce so that they can continue to maintain a lifestyle after divorce that is comparable to their lifestyle during their marriage. A qualified Wesley Chapel spousal support lawyer can help you whether you are seeking spousal support or desire to minimize spousal support after a divorce.
Lehnhardt Price Family Law has a strong team of legal professionals who are responsive and compassionate when it comes to matters of spousal support. We understand the laws that govern the allowance of alimony in NC, and not only can we explain them to you as they relate to your case, but we can also put them to work on your behalf.
We handle hundreds of family law cases each year, and each one is a unique situation. Our experience has equipped us with a keen eye for detail and sharp skills for negotiating when it comes to obtaining or minimizing spousal support in a divorce case. We are fair and factual with our approach to cases that involve alimony payments.
North Carolina family court awards spousal support to dependent spouses who otherwise relied on their former spouse, known as the supporting spouse, to take care of their everyday needs. The supporting spouse typically has a higher income and can afford to pay alimony to continue to support the other party following the divorce. Not all individuals qualify for spousal support, though, as there are many factors that a judge will consider when determining grounds for spousal support.
Wesley Chapel is in the top 30 of the richest cities in North Carolina, and while the divorce rate is low, it isn’t uncommon for the cases we do represent from this area to involve spousal support. This is because divorce within higher-income households tends to involve more factors that lead to an award of spousal support for the lower-earning party. Because NC does not provide a formula for calculating spousal support, it is up to the judge to determine what is fair for alimony in divorce cases.
Factors that can affect spousal support include the income and earning potential of both parties, the length of the marriage (divorces of longer marriages are more inclined to involve alimony), the standard of living that the lower-earning spouse is accustomed to, both parties’ contributions to the marriage, marital and individual expenses and debts, and other circumstances that may be uniquely relevant to a case.
In some cases, a judge may order the higher-earning spouse to pay alimony payments before the divorce is finalized if the couple is separated. This can provide financial support to the lower-earning spouse, who otherwise would have no means to support themselves without their spouse’s contribution to the household income.
In many cases, spousal support is awarded for a limited time, as the purpose of the support is to assist with financial expenses while the lower-earning spouse adapts to supporting themselves. It is up to the judge to determine the length of time that alimony payments will be made. There are instances when a judge awards indefinite spousal support, but NC law states that alimony ends automatically when the receiving spouse remarries or cohabits with another partner or when either spouse dies.
In some cases, there may be a need to modify or terminate spousal support orders. For instance, if the supporting spouse believes the receiving spouse is cohabiting and would like to terminate orders, or if the supporting spouse changes or loses their job and their financial circumstances change. Spousal support modifications can be complicated. A Wesley Chapel divorce lawyer is a great resource for anyone seeking to terminate or modify existing alimony orders.
Yes, you can ask for spousal support without a family lawyer in Wesley, NC. However, it is recommended that you consult with a spousal support attorney for legal advice before proceeding with your case. If the opposing side has legal representation, it can be extremely difficult for a self-represented individual to succeed in court.
How spousal support is determined in North Carolina is dependent on several factors. A judge will decide on the amount and length of time spousal support will be granted based on the length of the marriage, the lifestyle during the marriage, the earning capacity of the receiving spouse, contributions made during the marriage, as well as the age and health of the spouses.
The cost of a spousal support lawyer in North Carolina can vary greatly. Each case is different, and the cost is dependent on the unique conditions of a case. Other contributing factors to the cost of a spousal support lawyer are where the law firm is located and whether or not the case goes to court or settles outside of court.
North Carolina law automatically terminates alimony payments for a paying spouse if the receiving spouse remarries or cohabits with a new partner or if either spouse dies. Otherwise, it is up to the judge’s discretion, and spousal support court orders may include a time limit for alimony payments to be made with adequate time for the receiving spouse to adapt to and find means to support themselves.
Not all Wesley Chapel spousal support lawyers are created equal. If you are facing legal matters involving spousal support, whether amid divorce proceedings, post-separation, or need a modification, our legal team is equipped with experience, compassion, and an extensive understanding of NC family law, which is evidenced in our successful track record. Get in touch with Lehnhardt Price Family Law to get sound spousal support advice and legal counsel regarding your case.