Spousal Support During Divorce

You can be eligible to receive ongoing spousal support from your husband following a divorce if you were a homemaker, a stay-at-home parent, or your spouse was the main provider of income. In the event that you are the main provider of income for your household, you can be required to continue making support payments after the divorce.

After a divorce, one spouse pays the other spouse spousal support, also known as alimony or spousal maintenance. The length of the marriage, each party’s income, earning potential, and behavior during the marriage are some of the variables that determine whether spousal support is granted or not.

Types of Spousal Support

Post-Separation Assistance

The court must first ascertain whether there is a “dependent” spouse and a “supporting” spouse before it may contemplate giving post-separation support. A dependent spouse is a spouse “whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse,” according to North Carolina’s spousal support rules.

Calculating Alimony

The goal of this kind of assistance is to maintain the dependent spouse’s standard of living. It is determined, in part, by the supportive spouse’s capacity to provide support as well as the parties’ respective needs.

With the help of an accomplished spousal support attorney, you may be eligible for spousal support if you have been a homemaker or stay-at-home parent and your spouse has given you financial support.

Frequently Asked Questions About Spousal Support

1. What is spousal support?

Spousal support, also known as alimony, is financial assistance one spouse may be required to pay to the other after a divorce or separation.

2. How is spousal support determined?

The amount and duration of spousal support are often determined by factors such as the length of the marriage, each spouse’s income, contributions to the marriage, and financial needs.

3. Is spousal support always awarded?

Not always. It depends on various factors, and not every divorce or separation leads to spousal support being awarded.

4. Can spousal support be modified?

Yes, under certain circumstances, spousal support orders can be modified if there is a significant change in either spouse’s financial situation.

5. How long does spousal support last?

The duration varies and can be temporary or long-term, often based on the length of the marriage and the needs of the receiving spouse.

6. Is spousal support taxable?

Tax laws may change, but traditionally, spousal support is taxable income for the recipient and tax-deductible for the payer. It’s essential to stay updated on tax regulations.

7. What happens if the paying spouse fails to make payments?

Non-payment can lead to legal consequences, including court actions, wage garnishment, or other enforcement measures.

8. Can spousal support end if the receiving spouse remarries?

In many cases, spousal support terminates if the receiving spouse remarries. However, this can depend on the specific terms outlined in the divorce agreement.

9. Can cohabitation affect spousal support?

Cohabitation of the receiving spouse with a new partner can sometimes be a factor in modifying or terminating spousal support