Often dependent spouses stay in bad marriages because they don’t know how they can make ends meet without the support of their spouse. Prospective clients often meet with us without a clue about the financial aspects of their marriage, some don’t even have access to all of the marital accounts. You may also have concerns about key martial benefits such as health, vision, and dental insurance and whether you can afford to maintain or obtain your own coverage. If you want to keep the marital home, perhaps you’ve done a budget to determine whether you can pay the mortgage and/or refinance it solely into your name without the assistance of your spouse. Finally, how can you afford a lawyer to insure you get the financial assistance you need from your spouse.
Are you a supporting spouse who wants to support your spouse, but in a way that is reasonable and affordable based on your income? Has your spouse committed adultery and do you have questions about how that factors into alimony awards?
If you find yourself wondering about how to answer these questions, post-separation support and alimony are divorce related claims that can help you balance your budget in the event of a separation or divorce.
Alimony is defined as financial support that goes from a supporting spouse to a dependent spouse. There are several factors involved in determining if alimony is appropriate or necessary. Furthermore, there are other factors that will determine the amount and duration of the alimony amount. Some of these factors depend on the following:
- Length of the marriage
- Age of spouses
- Health of each spouse
- Spouses’ educational levels
- Spousal incomes
- The parties’ standard of living during the final years of their marriage.
- Marital fault
- Ability to pay
- Separate and marital assets of the parties
- Fault in the dissolution of the marriage
Alimony can conceivably be provided until death or remarriage. It can be in the form of a lump-sum payment, payments issued periodically over a specified, predetermined period of time, or for an indefinite period.
Our skilled family law attorneys welcome the opportunity to help determine if alimony is even an issue in your particular situation. If alimony is an issue, our attorneys will advise you as to a fair level of alimony or post-separation support that is appropriate in your situation. The first step in the process is the completion of a financial affidavit which will establish a budget and any applicable shortfall in monthly income. This shortfall estimate is the beginning of what you need to determine your need and what you should request for spousal support.
Post-separation support is somewhat different than alimony. Generally, post-separation support does not last as long as alimony. And, unlike alimony, marital fault of the dependent spouse does not necessarily bar the dependent spouse from receiving post-separation support. Furthermore, the support amount typically only lasts until the earlier of either the date specified in the post-separation support order or an order awarding or denying alimony is entered.
A dependent spouse will have to prove the following factors in order to receive post-separation support:
- a lawful marraige;
- the dependent spouse is in fact dependent;
- the supporting spouse is in fact the spouse who substantially financially provides for the dependent spouse;
- the dependent spouse is in actual need of support;
- the dependent spouse lacks resources to meet his/her needs; and the supporting spouse’s ability to pay.
You can trust your post-separation support issues to our thorough, sympathetic family law attorneys at Batch, Poore, and Williams where the client comes first. Call us today if we can help sort out this vital financial aspect of your separation or divorce.
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We need to know all we can about your alimony and post-separation support situation if we’re to represent your interests as aggressively and effectively as we’re accustomed to.
Phone, fax or e-mail our Raleigh Alimony attorneys today. We return after-hours calls promptly, and we have bilingual staff that can help assist our Spanish speaking clients.
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