SPOUSAL SUPPORT
You or your spouse may be entitled to receive “spousal support” - more commonly referred to as post-separation support and/or alimony – and therefore, a thorough knowledge of the law is essential in either bringing or defending against an alimony claim. Horack Talley family law attorneys will review the facts of your case to determine whether spousal support is appropriate and will aggressively represent your interests.
To be eligible to receive post-separation support and/or alimony, a person must be a “dependent spouse,” meaning that he or she must be financially dependent, either completely or partially, on his/her spouse for maintenance and support. Furthermore, that person’s spouse must be a “supporting spouse”, meaning that he or she has the financial means and ability to pay or provide support.
Post-separation support and/or alimony may not be warranted or appropriate in every case. The amount of support and how long support should be paid are dictated by and dependent on the particular facts of your case. Therefore, the amount and duration of post-separation support or alimony payments in someone else’s case may not have any relevance to what you or your spouse may be entitled to receive post-separation support or alimony.
Generally speaking, the amount of support will depend on what the court finds to be the dependent spouse’s reasonable needs and expenses, in light of each spouse’s ability to pay his or her living expenses. By law, spousal support terminates if the dependent spouse dies, remarries or engages in cohabitation, or the supporting spouse dies. Usually, support for a spouse will be payable for a specific period of time and will terminate at the end of that period, unless sooner terminated by some other event (remarriage, etc.). The length of time that support should be paid varies from case to case.
North Carolina law allows the court to consider “marital misconduct” by one or both spouses in deciding whether and to what extent to award support to a dependent spouse. Marital fault committed by the “dependent spouse” also can be used as a defense to a claim for support. The family law attorneys at Horack Talley will carefully investigate the facts to determine whether marital misconduct exists in your case and is available as a defense to or in support of a claim for post-separation support or alimony.
It is vital to your case that a rigorous financial investigation and analysis be conducted on your behalf, regardless of whether you are seeking, or defending against a claim for, spousal support.
At Horack Talley, our family law attorneys are experienced and knowledgeable in cases involving post-separation support and alimony. We will work with you to determine entitlement, or your exposure, to a claim for post-separation support or alimony, and we will aggressively represent your best interests either in settlement negotiations or at trial.