North Carolina law provides for two types of spousal support: postseparation support and alimony.  Postseparation support is similar to what some think of as temporary alimony and is meant to address the immediate financial needs of a spouse.  Alimony is typically longer in duration and may be determined later in the case once more information becomes available and more factors are considered. 

Spousal support is not a given in every divorce case.  Rather, there are two critical elements that must be established when a spouse is seeking spousal support.  It must be established that: 1) a spouse has a financial need for support, and 2) the other spouse has the financial ability to meet at least part of that need through the payment of spousal support.  North Carolina law does not set forth alimony guidelines to determine the amount of spousal support, and there are more than a dozen factors a court can consider in making a determination about this issue. 

Spousal support can be a complicated and sometimes contentious issue in a divorce case.  Questions must be answered about whether spousal support should be paid at all and, if so, how much and for how long.  There are often discussions about what one spouse’s true income is, what a spouse’s income could be, and whether a spouse’s reported expenses are genuine or reasonable.  In North Carolina, spouses can come to an agreement on either or both types of spousal support through negotiations, mediation, and other types of alternative dispute resolution (such as arbitration and collaborative law.)  A spouse may also pursue both types of spousal support through litigation, establishing a financial need for spousal support and the financial ability of the other spouse to provide spousal support.

Each case is unique, and Caleigh has more than twenty years of experience assisting both clients who are asked to pay spousal support and those who are seeking support.  Whether you are addressing spousal support for the first time, seeking modification of a prior determination, or are dealing with enforcement of a support determination, Caleigh will work with you to resolve the matter outside the courtroom when possible and, when necessary, thoroughly prepare you and your case for trial.

Contact Caleigh at EVANS FAMILY LAW to consult with her about whether or not spousal support is likely in your circumstance or to discuss modification or enforcement of an existing spousal support agreement or court order.