Post-Separation Support in North Carolina
At Weaver, Bennett & Bland, P.A., in Matthews, our attorneys are sensitive to the financial concerns people have during separation and divorce. As your representatives, we will evaluate all aspects of your situation, working to resolve questions regarding alimony (also known as spousal support) in the most beneficial manner.
We have more than 30 years of experience helping people in Union County and the Charlotte area. We are ready to put our experience to work for you.
Alimony and Separation Agreements
Our lawyers will help you resolve issues of alimony in your separation agreement if possible. Not only is an agreement less expensive than a trial, it also provides an opportunity to craft a solution that coordinates all financial aspects of divorce, including alimony, to maximize the potential value of each factor.
Alimony Trials
If an appropriate alimony settlement or waiver of alimony is not agreed upon, the only recourse is a lawsuit for alimony. If you or your spouse sues for alimony, the court will look at differences in earning power, education, health, length of the marriage and the sizes of separate estates. The court can also look at fault in the break up of the marriage as a factor, although fault is not required.
Typically, the court will grant post-separation support and alimony for a dependent spouse who was a homemaker or stay-at-home mom/dad during the marriage. There is no rule, and settlements and judges' decisions may vary considerably, but alimony often is granted for a duration that is equal to half the length of the marriage.
Adultery and Alimony
If the supporting spouse has cheated on the dependant spouse, that spouse may have to pay alimony. If the dependent spouse commits adultery, he or she is barred from receiving alimony. However, that person is not barred from receiving post-separation support, short-term support that generally lasts one year or until the alimony trial. Our attorneys represent people on both sides of adultery claims.
Taxation and Alimony
Alimony is taxable income to the recipient, and our family law attorneys will work with lawyers from our other practices to take this detail into account. We want to see that your overall divorce settlement is as beneficial as possible.
How Can We Help You?
If you are concerned about spousal support and want to find out how we can help you, call 704-321-8031 or e-mail us to schedule an appointment with our experienced Charlotte and Union County alimony attorneys.
