Mooresville Spousal Support Lawyer

Mooresville Spousal Support Attorney

One of the main reasons people stay married longer than they should is money. People become so used to joint finances that they do not want to think about having to live on one income. This is especially true when one spouse has been out of the workforce for an extended period or makes much less money than the other.

Unfortunately, this keeps people in unhappy marriages and can be a big financial burden when the couple eventually divorces. The concept of spousal support, or alimony, is to help the lower-earning spouse have a similar standard of living after a divorce as they did during marriage. To ensure that spousal support is fair, it is critical to consult with a North Carolina spousal support attorney.

At Lassiter & Lassiter, our Mooresville family law attorneys understand the challenges you may face after a divorce. Whether you are the spouse who will be paying support or the one who will be receiving it, we can help you protect your rights and interests. We do not favor one spouse over the other—our only goal is to help you reach a fair and equitable divorce settlement so that both parties can move on with their lives in Mooresville. Connect with our North Carolina family law firm today to learn more about how we can help you.

What Factors Are Used to Determine Alimony in North Carolina?

The state of North Carolina uses many factors to determine if spousal support should be awarded and, if so, how much should be paid. These include:

1. The relative earnings and earning capacities of each spouse: The court will examine each spouse’s current earnings and earning potential when determining spousal support. This ensures that the lower-earning spouse will be able to maintain a similar standard of living after a divorce. An income disparity between the two spouses is often one of the main reasons why spousal support is awarded. The court does not want any child to only receive support during half of their childhood, so they will award spousal support in cases where one spouse cannot meet their basic needs without financial assistance.
2. The relative education and training of each spouse: The court will also consider each spouse’s education and job skills when determining spousal support. As it can impact each spouse’s earning potential, it is a key factor in the court’s final determination. For example, if one spouse has a college degree and the other does not, the court may find that the spouse with the degree has much higher earning potential. As a result, they may be ordered to pay spousal support.
3. The relative age and physical, mental, and emotional condition of each spouse: The court will also consider each spouse’s age and physical, mental, and emotional condition. These factors can determine a person’s ability to find and keep a job. For example, if one spouse is older and/or suffers from a physical or mental disability, the court may find that they have a lower earning potential. As a result, they may be ordered to receive spousal support.
4. The relative amount of property each spouse will receive due to the divorce: The court will also look at how much property each spouse will receive as a result of the divorce when determining spousal support. Since one person may assume more financial responsibility for property than they did previously, it can affect a person’s ability to support themselves after a divorce. For example, if one spouse is awarded the family home in the divorce, they may have a higher mortgage payment and/or property taxes. As a result, the court may find that they need financial assistance in the form of spousal support payments.

FAQs About Mooresville, NC Spousal Support Law

How Long Does Spousal Support Last in North Carolina?

The length of spousal support will depend on a number of factors, including the duration of the marriage, the earning potential of each spouse, and the needs of any minor children. In most cases, spousal support is awarded on a temporary basis and will last for a few months to a few years. However, in some cases, spousal support may be awarded on a permanent basis. This would be in more severe cases, such as when one spouse is unable to work due to a physical or mental disability.

What Is the Rule of 65 in Spousal Support?

The rule of 65 is a guideline that is sometimes used to determine how long spousal support should last. Under this guideline, spousal support would last for half the length of the marriage. So, if a couple was married for 10 years, spousal support would last for up to 5 years. This guideline is not set in stone but is often used by courts when determining the length of spousal support. The rule can also set an indefinite period of spousal support if they have been married for 20 years or longer.

Do I Have to Spend the Money I Receive in Any Specific Way?

No, you are not required to spend the money you receive in any specific way. The court will not dictate how you use the money. However, you should keep in mind that the money is intended to help you meet your needs and support yourself after the divorce. So, you should use it in a way that will allow you to do that. If you choose to spend all the money on non-essential items, you cannot claim that you cannot support yourself after the divorce.

Is Child Support Lumped in With Determining Spousal Support ?

No, child support and spousal support are two separate things. Child support is intended to help the custodial parent pay for the expenses associated with raising the child. Spousal support is intended to help the economically disadvantaged spouse after a divorce. Depending on your family, you may receive both child support and spousal support as two separate payments.

Contact Lassiter & Lassiter Today

If you are facing divorce and need legal assistance with spousal support, contact Lassiter & Lassiter today. We will review your case to help ensure no one is left economically disadvantaged after a divorce. We will also work to ensure that any minor children are taken care of and that their best interests are protected. Contact us today to schedule a consultation and learn more about how we can help you.