SPOUSAL SUPPORT AND ALIMONY/POST SEPARATON SUPPORT

Spousal support, referred to as Alimony and Post Separation Support under North Carolina law, is money or assets that is paid or transferred from one spouse to a marriage to another spouse from the marriage, where one spouse (the receiving spouse) cannot meet his or her financial needs without the help of the other spouse.

There are many considerations which a court reviews in determining the amount and duration of such support. A court can order that spousal support be in many forms. Most commonly it is in the form of a monthly payment. However, it can be in lump sum payments, or it can be in the form of a transfer of some property from one spouse to the other. Alimony and Post Separation Support is not available to persons that are not married under current North Carolina law

Although there are some so called rules of thumb in these situations in determining how much is to be paid, there are no hard fast rules. Generally courts require substantial documentation prior to any court hearings on this kind of issue.

There are also fault factors in a marriage considered by the court that impact whether a person gets spousal support, and or how much. For instance, in certain situations, a tremendously dependent spouse may not be entitled to any spousal support at all, depending on the facts and provability of those facts. The longer the marriage also, is a very important fact that most courts consider in determining amounts and duration of spousal support.

In this area of the law, it is my opinion that an attorney is invaluable. I have been handling this kind of case for years. Please contact me and we can discuss your particular situation.