A judge may consider spousal support if one of the spouses makes less or does not earn. The purpose of the support is to ensure that the less earning spouse can continue with the same standard of lifestyle after the divorce as they had during the marriage. The judge can order any of the following types of spousal support, depending on the factors surrounding your divorce.

• Permanent Spousal Support: Permanent spousal support is paid throughout until either the payer or the payee dies. However, the support can be terminated on grounds of a remarriage or cohabitation, and this applies in Charlotte, NC, under North Carolina General Statute Section 50-16.9.
• Temporary Spousal Support: This type of spousal support has a time limit. It is usually awarded during a separation or before the divorce is finalized. It may be included as part of a written marital separation agreement. It can also be adjusted down the road depending on the financial circumstances of the payor or payee.

• Rehabilitative Spousal Support: Rehabilitative support may be ordered when a spouse lacks adequate education or job training to support themselves when the marriage dissolves. It is usually the case if the spouse in question was a stay-at-home parent or homemaker. This type of support can be reviewed at the end of the pay period.
• Reimbursement Spousal Support: Your family lawyer may also make a case for reimbursement spousal support to cover expenses incurred by one spouse to help the other during the marriage. This type of support is requested if one spouse helped the other through school or unemployment. In this case, financial need is not considered; the award is purely based on past economic losses.

If you’re seeking any spousal support, a family court attorney can help you weigh the circumstances in your case and advise on the best type of spousal support to pursue, depending on the available evidence and information.

Factors That Influence Spousal Support Decisions

Spousal support decisions must be carefully presented and argued by your family law matters attorney. When it’s time to make a decision, a judge will consider the following:

• Duration Of The Marriage: Typically, the longer the marriage, the longer the spousal support period. In marriages that have lasted more than 10 years, spousal support may be indefinite depending on other factors.
• Financial Needs And Abilities: The financial needs and abilities of both spouses must be considered. Courts examine the standard of living during the marriage and how the divorce affects each of them. Courts will also consider the income, employment, and the assets and debts of the couple before awarding spousal support.
• Contribution To The Marriage: How each spouse contributed to the marriage, financially and non-financially, is also considered. Spouses who made sacrifices by being homemakers or supporting the career of the other spouse are usually considered for spousal support.
• Age And Health Of Both Spouses: Age and health will play a significant role in determining spousal support. Older spouses and those with failing health may receive spousal support to help cover living expenses.

Your family law attorney can use any of these factors to make the case of spousal support for you or use others, such as marital misconduct, to keep you from paying spousal support. Understanding the nuances of your circumstances becomes crucial in helping the attorney achieve the right results for you.

The Emory Law Firm: Getting you started on the next chapter of your life on the best footing.

Are you having trouble negotiating spousal support with your spouse? The Emory Law Firm can help. Whether you’re looking to go through mediation or the case is heading to court, our family law firm can help you through mediation and litigation.

Having a qualified and experienced family lawyer near me in Charlotte, NC, drastically improves your chances of getting a positive outcome and also eases your worries knowing that your case is being handled by a professional. Call us today at (704) 324-8500 for a free assessment of your case and strategies on the best way forward, and let us help you get started on the next chapter of your life.