Spousal Support

Advocating for Fair Financial Stability

Spousal support ensures financial stability during and after divorce. At The Goodman Law Firm, we’ll guide you through the complexities of post-separation support and alimony with care and experience.

Spousal Support Services at The Goodman Law Firm

Navigating spousal support during or after a divorce can feel complicated, but it doesn’t have to be overwhelming. At The Goodman Law Firm, we’re here to help you understand your rights and obligations so you can move forward with clarity and confidence.

What Is Spousal Support?

When a couple divorces, spousal support—also known as alimony—is financial support paid by one spouse to the other. It can be based on an agreement between the parties or decided by the court. In North Carolina, spousal support falls into two categories: Post-Separation Support and Alimony.

Alimony

Alimony typically lasts longer than post-separation support and may continue for months or even years. However, receiving post-separation support doesn’t guarantee alimony will be awarded.

The court considers several factors when determining alimony, including:

  • The income and earning capacity of each spouse
  • The duration of the marriage
  • Contributions of a spouse as a homemaker
  • Misconduct or marital fault (such as adultery) by either spouse

Alimony ends upon the remarriage or cohabitation of the dependent spouse, the death of either party, or the resumption of the marital relationship.

Post-Separation Support

Post-separation support is temporary financial support awarded to help the dependent spouse meet their needs while the divorce process is ongoing. This type of support remains in effect until:

  • Alimony is determined, dismissed, or denied
  • The dependent spouse remarries or cohabitates
  • Either party dies
  • The marital relationship resumes

Post-separation support provides immediate relief during a transitional period, ensuring that financial stability isn’t jeopardized while final arrangements are made.

Spousal Support Services We Offer

Spousal support isn’t one-size-fits-all. At The Goodman Law Firm, we provide personalized guidance tailored to your unique circumstances. Here are the types of spousal support services we handle:

Temporary Spousal Support

Temporary support provides financial assistance to a dependent spouse during the divorce process, ensuring stability until a final arrangement is made.

Permanent Spousal Support (Alimony)

Permanent spousal support may be awarded to help a dependent spouse maintain their standard of living after a divorce. We’ll help you navigate this complex area of law to achieve a fair outcome.

Lump-Sum Spousal Support

In some cases, spousal support may be paid as a one-time, lump-sum payment instead of ongoing installments. We can help determine if this option suits your needs.

Rehabilitative Spousal Support

Rehabilitative support is designed to help a dependent spouse regain financial independence through education, training, or job opportunities. We’ll work to ensure the arrangement reflects your goals and abilities.

Modifications of Spousal Support

Life changes, and spousal support arrangements sometimes need to change too. Whether you need to increase, decrease, or terminate support, we’re here to guide you through the modification process.

Enforcement of Spousal Support Obligations

If your ex-spouse fails to meet their spousal support obligations, we can take legal action to ensure compliance. Our team will work to secure the financial support you’re entitled to.

Why Choose The Goodman Law Firm?

Spousal support decisions have a lasting impact on your financial future. At The Goodman Law Firm, we take the time to understand your unique situation and advocate for a fair outcome. Whether you’re seeking support or responding to a spousal support claim, we’re here to protect your rights and ensure that your voice is heard.

Let’s work together to navigate the complexities of spousal support with confidence. Contact us today to schedule your consultation!

Common Questions About Spousal Support

What is the difference between post-separation support and alimony?

Post-separation support is temporary and provides financial assistance while the divorce process is ongoing. Alimony, on the other hand, is typically longer-term and takes into account more than the financial circumstances of the parties.

How does the court decide who receives spousal support?

The court considers various factors, including each spouse’s income, earning capacity, contributions to the marriage (like homemaking), and marital misconduct. The goal is to ensure fairness based on the circumstances.

Can alimony be modified or terminated after it’s awarded?

Yes, alimony can be modified or terminated if there is a significant change in circumstances, such as a change in income, remarriage, cohabitation of the dependent spouse, or the death of either party.

What happens if my ex-spouse refuses to pay spousal support?

If your ex-spouse fails to comply with a court order for spousal support, you can file a motion for contempt to enforce the order. The court may impose penalties to ensure compliance.

Can I receive spousal support if I initiated the divorce?

Yes, the spouse who files for divorce can still be eligible for spousal support. Eligibility depends on financial need and other factors, not on who initiates the divorce.

How long does spousal support last?

How long spousal support lasts in North Carolina depends on the type of support and your case specifics. Post-separation support (sometimes called temporary support) can be ordered before or during the divorce process and generally continues until the court resolves alimony — it does not automatically end when the divorce is finalized. Alimony may also be ordered before your divorce is final and can continue for a fixed term or, in rare circumstances, indefinitely. The court determines the duration based on factors such as the length of your marriage, each spouse’s earning capacity and financial needs, and contributions to the marriage.

What counts as cohabitation for terminating spousal support?

Cohabitation generally means living together in a marriage-like relationship with someone else. If a dependent spouse cohabitates, spousal support may end.

Is spousal support taxable in North Carolina?

For divorces finalized after 2018, spousal support is no longer tax-deductible for the payer or considered taxable income for the recipient under federal law.

Can I waive my right to spousal support?

Yes, spousal support can be waived in a prenuptial or postnuptial agreement, as long as the agreement is legally valid and properly executed.

How can an attorney help me with spousal support?

An experienced attorney can assess your situation, advocate for your needs, and ensure that all legal filings and negotiations are handled correctly. This can save you stress and help you achieve a fair outcome.

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