Spousal Support
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In North Carolina, you don’t need to wait until after a divorce to receive support from a spouse. If you need a spousal support allowance during your one-year separation period or after your divorce, contact us at Plekan Law and find out how we can help you receive the post-separation support or alimony you deserve.
Are You Entitled to Spousal Support?
Spousal support includes post-separation support and alimony. This support provides for your needs and may cover your reasonable expenses, including living expenses and other crucial needs during a separation period or after a divorce.
If your resources are not adequate to meet your reasonable needs and your spouse can pay, a court can determine that you deserve spousal support based on financial hardship. If the court chooses to establish spoual support in the form of post-separation support or alimony, they will issue a court order.
If you struggle to make ends meet and think you may deserve spousal support, contact us at Plekan Law. We can help you determine what amounts of post-separation spousal support and alimony you could likely receive and help you plan a strategy for court hearings.
How Long Does Spousal Support Last?
Unlike alimony, post-separation spousal support is temporary. It only lasts until the final divorce decree. However, in the divorce decree, the court can award you alimony for a temporary time period or indefinitely.
A judge will look at many factors before awarding post-separation or alimony payments, including:
- The financial needs of each spouse
- Each spouse’s accustomed standard of living
- The present employment income and earning capacity of each spouse
- Other recurring earnings of each spouse from any source
- Separate and marital debt obligations
- The expenses reasonably necessary to support each spouse
- Each spouse’s respective legal obligations to support others
If your needs are unmet during a separation or divorce, contact us at Plekan Law and find out how we can help you and any children. A supporting spouse may owe you monthly support to help with your necessary expenses.
What Factors Does a Judge Consider at a Spousal Support Hearing?
At your post-separation support hearing or divorce hearings, the court will look at many factors to determine who may pay spousal support and in what amounts.
However, two crucial factors affect whether you receive any spousal support at all!
- If you engage in marital misconduct before or on the date of separation, you may not receive spousal support.
- Likewise, if a supporting spouse (paying spouse) engages in marital misconduct, the court may order them to give you spousal support regardless of whether you are self-supporting.
In addition, the court may look at whether either of you engaged in marital misconduct during your separation period and use this in determining financial support.
If you’re concerned about marital misconduct during your marriage or separation, Plekan Law can help you understand how North Carolina law works. Our experienced separation and divorce attorneys look at all factors that may affect post-separation support and alimony. We do everything in our power to protect your rights to fair post-separation support and future alimony.
Contact us today and find out how we can help you move forward and get what you deserve!
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