Spousal Support - NC
Spousal Support is payment for the support and maintenance of a spouse or former spouse, which is either ordered by the court either or agreed to by the Husband and Wife in an action for divorce or where there is no pending divorce action.
In order for a court to grant a husband or a wife spousal support he or she must be a dependent spouse, which means being dependent on the supporting spouse for his or her maintenance and support. If the court finds that there is a dependent spouse, then it will also consider a variety of factors in awarding spousal support such as, marital misconduct, spouses’ earnings or earning capacity, education, age and physical conditions, duration of marriage, sources of income, contribution by one spouse to the other, custodian of minor children, standard of living during the marriage, assets versus liabilities, property, contributions as homemaker, needs, taxes, and other economic factors.
The court has discretion and will consider the factors listed above in determining the amount, duration, and method of payment of spousal support. However, if the court finds that the dependent spouse has committed a pre-separation act of adultery, it will not award spousal support. If the supporting spouse has committed a pre-separation act of adultery, the court must award spousal support to the dependent spouse. Lastly, if both spouses have committed pre-separation acts of adultery the court may use its discretion to award or deny spousal support. If the act was forgiven or condoned then it will be treated as if it never happened in the eyes of the court.
Once spousal support is awarded by the court the ex-spouse responsible for paying can be held in contempt of court if he/she fails to pay. The court will sometimes modify an award based on a substantial change in circumstances like retirement or unemployment. Under the federal income tax laws spousal support can be deducted as an expense for the paying spouse and counted as income on behalf of the receiving spouse. The parties can enter into their own voluntary agreement stating the terms and conditions for spousal support without a court order. A dependent spouse may also voluntarily waive his/her right to an award of spousal support.
Spousal Support is characterized by two types of payments: post separation support and alimony. Post separation support is a temporary payment from one spouse to the other. Usually, this obligation lasts until such time as the divorce is entered. At that time, the spouse receiving the support can apply for permanent support, also known as alimony. Alimony is typically awarded for a certain period of time (i.e. 10 years, or until the receiving spouse remarries or cohabits).
If your divorce or separation includes spousal support considerations, contact us today. We’d be happy to help simplify the options and help you secure the best plan for spousal support.