Here in North Carolina, two kinds of spousal support can be ordered in a divorce proceeding. If you are on either side of a spousal support dispute in this state, you will need legal help from an experienced Winston-Salem alimony lawyer at LAWSMITH, the Law Offices of J. Scott Smith.
WHAT KINDS OF SPOUSAL SUPPORT ARE AVAILABLE IN NORTH CAROLINA?
What are the two kinds of spousal support that can be ordered in a divorce proceeding by a North Carolina family court?
- “Post-separation support” is the spousal support that a family court may order after a couple has separated but before a final determination of alimony can be made.
- Alimony is the financial support of an ex-spouse, paid periodically or as a lump sum.
Post-separation support is intended to be helpful to the recipient rather that punitive for the ex-spouse who pays it. Thus, the courts give greater consideration to the financial circumstances of each spouse and little consideration to “misconduct” when awarding post-separation support.
How Can You Receive Post-separation Spousal Support?
In order to receive post-separation spousal support in North Carolina, a divorcing spouse and his or her attorney must prove to the court that:
- The spouse who is requesting post-separation spousal support is a dependent party.
- The spouse who is being asked to pay post-separation support is a supporting party.
- The dependent spouse does not have the financial resources to pay for his or her needs.
- The supporting spouse has the financial ability to pay post-separation spousal support.
How Can You Receive Alimony Payments?
In order to receive alimony payments after a divorce in North Carolina, a divorcing spouse and his or her divorce lawyer must prove to the court that:
- The spouse who is requesting alimony payments is a dependent party.
- The spouse who is being asked to make alimony payments is a supporting party.
- The order for alimony is “equitable” under North Carolina law.
You should also know that a dependent ex-spouse in North Carolina has no entitlement to alimony payments if that spouse engaged explicitly in adultery before the date of the separation – and the other spouse did not.
Where Can Divorcing Spouses Turn For Help?
The family law team at LAWSMITH is known throughout North Carolina for legal excellence. We have successfully represented scores of clients in the greater Winston-Salem area in divorce, post-separation support, and alimony proceedings.
If you and your spouse can come to an agreement regarding post-separation support and alimony, you will save time, money, and aggravation. An experienced Winston-Salem alimony lawyer at LAWSMITH will negotiate with your spouse’s lawyer for the best possible agreement.
AT LAWSMITH, WE FIGHT AGGRESSIVELY FOR OUR DIVORCE CLIENTS
If no agreement is possible, our team will fight aggressively for the spousal support you need. If you believe that you are paying too much, we can ask the court to reduce the amount of your obligation. On either side of an alimony dispute, you are going to need experienced legal help.
That’s what we provide to every client at LAWSMITH, the Law Offices of J. Scott Smith. Call us at 336-306-8644 – or complete the contact form here on our website – right now. If you are involved in a spousal support dispute in North Carolina, a good lawyer’s help is your right.