Hickory Spousal Support Lawyer

Hickory Spousal Support Attorney

During the divorce process, several issues can arise, such as child support and child custody. Another area that may come up is alimony, also called spousal support. If you are curious about the details or qualifications regarding obtaining spousal support payments, contact a Hickory spousal support lawyer.

Family law attorneys at Cody Law Firm are prepared to help with any legal matters regarding your family. Our compassionate and professional legal team understands that family matters can be particularly sensitive, so we’re ready to handle your case with the utmost regard and the attention it deserves.

What Is Spousal Support or Alimony?

Alimony or spousal support is payment from one spouse (the supporting spouse) to the other (the dependent spouse) that may be awarded within the divorce process. The purpose of this financial arrangement is to provide the dependent spouse with the funds necessary to support or maintain their standard of living following the dissolution of marriage.

North Carolina must recognize the beneficiary spouse as significantly dependent or lower-earning compared to the supporting spouse. Even in instances where alimony payments are clearly needed, spousal support is not automatically granted.

Spousal Support Laws in North Carolina

When determining the need for alimony, the court investigates the situations of both spouses, including their financial standing and annual income. With all considerations in mind, they will determine what form of spousal support is most fair. Also taken into account is the duration of marriage, the standard of living that was established during it, and the tax (federal, state, local) impacts of the granted spousal support.

Other considered factors include each spouse’s earning potential, amount and source of non-income earnings, retirement accounts, age, emotional/mental and physical state, education, contributions to the other’s career advancement (e.g., education, training), assets, debts/legal obligations, premarital property, homemaker contributions, and relative needs.

If there was marital misconduct within the marriage, the court will consider the behavior as grounds for alimony. Marital misconduct may include negative behavior or cruel treatment by one spouse toward the other, such as abandonment, life-threatening actions, and humiliating demeanor that cause life conditions to be difficult or intolerable.

Other examples include financial misconduct, such as reckless spending or the hiding of marital assets; adultery; alcohol or drug abuse; or criminal activity that results in separation, such as the incarceration of a spouse. If the dependent spouse was adulterous, they are unlikely to receive alimony. If both spouses committed adultery, the ruling is at the court’s discretion.

Types of Alimony and Post-Separation Spousal Support in NC

The following are the various types of alimony that the court may award a dependent spouse during the divorce process, including post-separation support:

• Lump sum: This form of alimony is an agreed-upon amount of money to be paid once in full and may also entail the transference of possession or title to personal or real property.
• Modifiable: The majority of alimony orders are based within a timeframe, so modifications can be made as one or both of the spouse’s circumstances change. The change must be significant, such as the supporting spouse losing their job. Lump sum payments are not subject to modification.
• Temporary: The purpose of temporary alimony is to assist the dependent spouse with adjusting to life post-marriage while they re-establish their lifestyle.
• Permanent: The permanent form of alimony includes a predetermined payment to the dependent spouse for the remainder of their life unless a condition for alimony termination is met. Conditions include the death of either spouse, the dependent spouse’s remarrying or cohabitating with a romantic partner, or the spouses resuming their marital status.
• Post-separation support: This is a temporary form of alimony that is awarded to qualifying dependent spouses during separation and divorce proceedings. This is decided separately from whether the court grants post-divorce spousal support.

FAQs

Q: Does the Husband Have to Pay for the Wife’s Spousal Support Lawyer in NC?

A: In North Carolina, the husband may have to pay for his wife’s divorce attorney’s fees if the court finds the wife to be a qualifying dependent spouse. A dependent spouse is entitled to and awarded alimony or other post-separation spousal support based on their financial dependence on the other supporting spouse. The court can grant that the supporting spouse also pays the lawyer fees of the other.

Q: How Do I Negotiate Spousal Support in NC?

A: Options are limited when negotiating spousal support in Hickory, NC, but your strongest chance is with a spousal support attorney. You must file a request for alimony with the court managing your divorce, preferably early into the proceedings.

Based on various factors, it’s at the discretion of the court whether to award spousal support, including which type. An alimony lawyer will be able to review their decision to ensure it is fair and appropriate, given your circumstances.

Q: Is a Wife Entitled to Spousal Support in a Divorce in North Carolina?

A: Whether a wife is entitled to spousal support could vary based on income and other factors. The court does not consider the gender of the spouses when deciding whether to award alimony. Spouses may receive support if they are unable to meet their needs on their own and relied on their partner for financial support during their marriage.

Q: How Do I Get Spousal Support in NC?

A: In order to gain spousal support in North Carolina, you must file a request with the district court that is handling your divorce case. Once you request spousal support, the court will determine if you qualify by looking into your financial situation and other influencing factors.

If you qualify for alimony, meaning it’s evident you significantly rely on your spouse for current support and maintenance, the court will decide which form of spousal support is most appropriate.

Speak With a Family Lawyer Today About Your Divorce or Spousal Support Issues

At Cody Law Firm, our family attorneys can work tirelessly to represent you and protect your rights during all family law proceedings. With our extensive legal knowledge and experience, we can review the details of your case, discuss your goals, and work toward obtaining them. Reach out to schedule a consultation.