Spousal maintenance, also known as alimony, is one of the more contentious parts of some divorces. For some, spousal maintenance is a godsend helping a person get on their feet after a divorce. For others, these payments represent an albatross financially. No matter the feelings on alimony, it is often left up to a judge to decide how much to award in spousal support and for how long to the spouse who is to be maintained.
North Carolina Alimony
Our attorneys thoroughly understand the laws about calculating North Carolina alimony. It is very important that you have an attorney who is experienced in this area if your case may involve spousal support.
What is spousal maintenance and what is included in it?
Spousal maintenance is a series of payments from one divorcing spouse to another for a proscribed period of time in order to help support one spouse’s standard of living. These payments can encompass anything from housing to health care. For example, a neurosurgeon with a stay at home spouse will likely need to provide significant alimony for at least a short period of time.
What is the process for determining alimony?
Oftentimes, spouses can determine the amount of money for themselves in alimony if they believe it is appropriate and include it in their divorce filing. However, when two spouses are unable to come to a determination or get close to one, then a judicial determination is necessary to set the amount of money and duration of time for these payments.
How does a judge determine the amount of money needed for payments?
Usually, a judge will consider a supported spouse’s stand of living, needs, and ability to earn money to maintain or approximate a certain quality of life. For the spouse who is paying the support, the judge will likely take into consideration the ability of the spouse to pay the support and not suffer a radical diminution of quality of life.
How do I demonstrate that the amount of money asked for in spousal maintenance is correct?
Like many other things related to the judicial process, you should bring evidence. Bank and investment account statements, pay stubs, credit card statements or receipts all help establish income and expense patterns which can prove that spousal maintenance is financially appropriate and that the lifestyle claimed is in fact reflected in financial statements.
What should I do if I’m planning on asking for spousal maintenance?
Contact the experienced Charlotte family law attorneys at Remington & Dixon, LLC today so we can work with you on crafting the strongest possible case for spousal maintenance. We’ve represented many North Carolinians seeking spousal support and will work to ensure your rights are preserved in any alimony proceeding.
