If you’re currently undergoing a separation or divorce in North Carolina, you may wonder about alimony vs spousal support. It’s perfectly normal to feel anxious about how things will play out financially, especially if you’re considered a dependent spouse. Court-ordered post-separation support and alimony are both types of spousal support. Let’s take a closer look at both types of spousal support and the various factors that can impact a judge’s decision to award them.
Alimony vs Spousal Support in North Carolina
Alimony is a type of spousal support given to one partner after a divorce. The final divorce decree can include an alimony judgment decided by a judge. many spouses receive alimony after a divorce.
Post-separation support is another type of spousal support. You can receive this temporary spousal support while separated and waiting for the divorce to finalize.
Alimony differs from post-separation support in terms of duration and timing. Alimony is granted after the divorce, while post-separation support only lasts until the final divorce decree.
In North Carolina, filing for an “absolute divorce” is a no-fault process. However, a spouse’s misconduct or infidelity may affect a spousal support decree. The judge may decide the amount and duration of spousal support based on an affair or cheating by one spouse.
It’s essential to fight for alimony before the divorce is final if you want to receive it. That’s why it’s crucial to work with an experienced divorce attorney who can help you receive the spousal support you need and understand your rights during the process.
Who Receives Post-Separation Support Or Alimony Payments?
During the separation period, a spouse who is financially dependent may request temporary spousal support. While some couples may come to an agreement about the amount of support to be paid by one spouse, others may have disagreements regarding financial assistance from the paying spouse.
If you are seeking financial support from a higher-earning spouse, it may be possible to receive spousal support. A judge may order your ex-spouse to pay spousal support in the event that you are in need.
Additionally, spousal support may be awarded to a self-supporting spouse who has faced infidelity from their partner. In a divorce proceeding, a judge may order the at-fault spouse to provide alimony to the receiving spouse. Spousal maintenance begins during the separation period.
If your financial situation after the divorce will leave you in need, state laws permit your ex-spouse to provide support to meet your financial needs.
For assistance in seeking financial support from your ex-spouse, it is advisable to seek the guidance of a family law attorney who specializes in divorce and alimony. They can help you pursue post-separation support during your separation period as well as alimony after your final divorce decree.
How is Spousal Support Calculated?
During a separation or after a divorce, spousal support payments can help cover your essential expenses, such as living costs. These payments are intended to meet your needs, and if you are facing financial hardship and your spouse is able to pay, a court may determine that you deserve spousal support. If they do, they will issue a court order for post-separation support or alimony.
Various factors significantly impact a court’s decisions about spousal support, including:
- Earning capacity: earnings, dividends, benefits such as medical insurance, retirement funds, other insurance, or Social Security and homemaker contributions
- Property brought to the marriage
- Federal, State, and local tax ramifications of any alimony award
- Marital misconduct
- Financial liabilities
- Age and physical, mental, and emotional factors of each spouse
- Length of the marriage, the standard of living during the marriage, and the needs of each spouse now
- Education of each spouse and contributions to education, training, or earnings of the other spouse
- The financial impact of child custody
If you’re struggling financially or believe you’re entitled to spousal support, Cape Fear Law is here to assist you. Our services include calculating alimony, managing divorce proceedings, interpreting local court regulations, and developing a plan for court appearances. Contact us today for reliable support.
How Long Do Spousal Support Payments Last?
The length of time for alimony payments is determined on a case-by-case basis and relies on various factors, such as the couple’s income and their length of marriage. In North Carolina, a judge has the authority to order alimony payments or post-separation support payments that can either be for a finite or indefinite period.
According to NC Law, alimony is intended for supporting and maintaining a spouse or former spouse. It can be granted as either a periodic monthly payment or a lump sum payment for a specified or indefinite term. Periodic spousal support can be made monthly, while a lump sum may be transferred in one transaction.
A judge may grant permanent spousal support, but generally, if the supported spouse remarries, the alimony payments end.
Our Experienced Family Law Attorneys Can Help
If you’re unsure whether a supporting spouse is required to pay you alimony, our team of experienced attorneys at Cape Fear Law can assist you. We’ll aid you in gathering the necessary evidence to prove your post-separation and alimony support case.
Additionally, we can help you obtain child support and other common concerns during your separation or divorce proceedings. With our extensive knowledge and experience, we’ll ensure that your rights are protected throughout your separation and divorce.
Allow us to guide you in securing your fair share of property and ensuring your well-being and that of any children involved.