Separation and divorce is difficult enough as it is. When you add things like alimony and post-separation support into the mix, the situation gets even more complicated. This is precisely the reason why you need to seek expert legal assistance with these issues.
Alimony is given when marital misconduct is committed by one or both spouses, then in that case alimony is awarded by the court. Typically, it is the dependent spouse who petitions for support although each case is different. In North Carolina, a twelve-month separation is required before starting the divorce proceedings, so alimony is also usually involved.
Since the laws governing alimony and post-support assistance are quite complex, it may require you to hire an experienced lawyer for such matters.
You may be able to hire a lawyer if:
1. Whether you are in a position to receive post-separation support or alimony;
2. Or if you are the one who has to pay it;
Having the advice of a legal expert is a must so that your finances and your well-being will be protected.
How an Experienced Alimony Lawyer Can Help
When alimony is involved, each case is different. There are no rigid rules. You might think that you are entitled to a huge alimony, but when a judge sees your ex's financial circumstances, the amount you're expecting to receive can easily get halved. With proper legal representation, the lawyer can give you plenty of room to argue your case before a judge.
The usual factors considered when deciding on an alimony case are as follows:
1. The relative earning and earning capacities of the spouses;
2. The duration of the marriage;
3. The standard of living established during the marriage;
4. The relative needs of the spouses;
5. The property brought into the marriage by the spouses;
6. Infidelity or other marital misconduct by either spouse.
The list looks simple enough, but other may easily complicate the case further.
When can I get spousal support?
If you are a dependent spouse (with less income than your spouse), then you may be eligible for spousal support. You must be separated or divorced to file for spousal support, and many different economic factors would be put into consideration when granting spousal support, including the financial needs of both of the parties, their standards of living, their income-earning abilities, etc.
Is spousal support a taxable income?
According to federal and state laws, spousal support is reportable as taxable income by the dependent spouse if it is paid in cash; paid as an incident of separation or divorce; the payments have not been designated in any other way; both parties are not living in the same house; and the payer is not liable to pay after the death of the dependent.
Can I get spousal support if I had an affair?
The court does take the issue of adultery into consideration when making decisions relating to spousal support. If the court finds that the paying spouse had an affair, then the court will grant spousal support to the dependent spouse. But, if the court discovers that the dependent spouse or both spouses committed adultery, then it will take this factor into consideration when granting or denying spousal support.
What is spousal support?
Spousal support is money that one spouse pays to another after they have obtained a divorce or separation. It is also known as alimony or maintenance. The paying spouse usually provides this support to the dependent spouse after the court has determined that this support is necessary to meet the financial needs of the dependent spouse. Many factors effect whether or not a spouse should obtain spousal support and how much.
Who can get spousal support?
A spouse whose income is less than their husband or wife is entitled to filing for spousal support. This spouse is called the dependent spouse, and he or she would file for spousal support if he or she is unable to meet his or her financial needs. You do not have to be necessarily employed to obtain spousal support.
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