Alimony/Separation Support

Matthews, North Carolina, Divorce Lawyers

Alimony and Post Separation Support

At Weaver, Bennett & Bland, P.A., our family law attorneys are sensitive to the financial concerns of clients during separation and divorce. As your counsel, we will evaluate all aspects of your situation, working to resolve questions regarding alimony (spousal support) in the most beneficial manner.

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, conserving already strained marital assets, but it provides an opportunity to craft a solution that coordinates all financial aspects of divorce, alimony, property settlement, taxation, child custody, and child support to maximize the potential value of each factor.

If an appropriate alimony settlement or waiver of alimony is not agreed upon, the only recourse is a suit 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 in determining the amount to be paid. The court can look at fault in the break up of the marriage as a factor, but fault is not required to obtain alimony. 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. Although there is no rule, and settlements and judges' decisions may vary considerably, alimony often is granted for a period of time about half as long as the length of the marriage.

Adultery and alimony

If the dependent spouse (the person receiving alimony) commits adultery, he or she is barred from receiving alimony (not, however, from receiving post separation support - short term support, generally one year or until the alimony trial. Our attorneys represent clients in both prosecuting and defending 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 see that your overall divorce settlement is as beneficial as possible.

For more information about alimony and separation support, please see Do I Need a Divorce Lawyer? and our information center, Family Law in Depth.

If you are considering separation, or are already separated, and you would like to speak with a divorce lawyer, please call 704-246-3552 or e-mail our office in Matthews to schedule a consultation. We serve clients throughout Mecklenburg County and Union County. Our firm also assists businesses and individuals with transactions and litigation in other areas of law.

Weaver, Bennett & Bland, P.A.
Matthews, North Carolina, Attorneys