In the case that a marriage ends, there are laws to ensure dependent spouses receive support from their ex-partner. However, unlike other divorce disputes such as child support, determining spousal support or alimony is often complicated and a variety of factors are taken into consideration.
At King Law, our skilled divorce attorneys have extensive experience providing guidance to spouses on the factors surrounding alimony determinations. If you are going through a divorce, our team is here to help protect your financial interests and help ensure you receive an alimony agreement that is fair and equitable. Here is some essential information to know about alimony and spousal support in Asheville.
How Are Spousal Support and Alimony Determined in Asheville?
Unlike other financial matters in a divorce like child support, there isn’t a generic formula or calculator for determining the amount of a spousal support or alimony agreement. The amount and duration of support that is provided in an alimony agreement are determined by factors that are specific to each case. Some of the considerations the court takes into account when determining alimony or child support include:
- Whether misconduct was involved in the marriage
- The income and earning capacity of each spouse
- The duration of the marriage
- The financial obligations to support any children shared by the couple
- The assets and debts of the spouses
- The age, physical, and mental conditions of each spouse
- The reasonable needs of both spouses
- The level of education of each spouse
These are just a couple of factors the court considers when determining alimony and spousal support. The complex nature in which alimony agreements are determined makes it essential to have a skilled attorney on your side who has deep knowledge of North Carolina divorce proceedings.
How Are Alimony and Spousal Support Paid?
While most spousal support and alimony agreements are paid in monthly payments, there’s a variety of ways that payment can occur. Some of the ways alimony and spousal support can be paid and the nuances that can affect payments include:
- Monthly or periodic payments: This is the most common kind of support and involves regular payments in agreed-upon intervals. These payments typically stop once a spouse remarries.
- A lump-sum payment: In some divorce settlements, couples can arrange for a one-time payment that provides the total amount of support.
- Reimbursement limits: This payment structure sets a limit on the amount of alimony that can be paid. Once a spouse has paid the set amount, they stop making payments.
- Modifications to existing agreements: In some instances, one spouse’s life conditions may drastically change. In these situations, a motion can be filed to have alimony obligations modified.
It is important to note that while spousal support can be designated as “permanent” by the court, there are many scenarios in which the initial agreement doesn’t reflect the needs of one spouse. A change in life circumstances, such as job loss, unexpected financial hardship, or remarrying can all be grounds for revisiting an original settlement.
Asheville, North Carolina Divorce Attorneys You Can Trust
Divorce is a stressful, complex process. If you are concerned about securing an alimony agreement that reflects your needs, the divorce lawyers at King Law are here to help. Our experienced attorneys understand the intricacies of North Carolina family law and are dedicated to standing by your side throughout the entirety of your divorce. We are dedicated to fighting for an alimony or spousal support agreement that serves your best interests.
At King Law, we are committed to building relationships with our clients, learning what matters most in their lives, and helping them achieve the financial future they are looking for post-divorce. When you partner with our team, we will work tirelessly to help obtain the most desirable results for you and your family. Call the office of King Law at (888) 748-5464 or reach out to us online to schedule a consultation.