Settling Financial Issues In Your Divorce: Determining Spousal Support

I understand that going through a divorce can be one of the most challenging experiences you’ll ever face. The emotional toll can be overwhelming, and the financial issues can be contentious, especially when it comes to spousal support, also known as maintenance. My name is Steven M. King, and as a divorce attorney in Asheville, I can help you sort through and resolve all of the complex financial issues that arise during a divorce, including alimony and post separation support.

How Is Spousal Support Determined In North Carolina?

In North Carolina, the Courts have broad discretion regarding spousal support. The decision is based on a range of factors, including:

• The income and earning capacity of each spouse
• The age, physical and mental health of each spouse
• The duration of the marriage
• The standard of living established during the marriage
• The financial needs and resources of each spouse
• Marital misconduct
• The contribution of one spouse to the education, training or increased earning power of the other
• The assets and debts of each spouse
• The tax implications of alimony

Rehabilitative alimony is temporary support to help a dependent spouse gain enough education, training or work experience to become self-sufficient. Reimbursement alimony compensates a spouse for expenses incurred during the marriage, such as education or career advancement. Permanent spousal maintenance can be paid as ongoing support, often until remarriage or death. Finally, sometimes maintenance is made in a one-time payment, often in lieu of ongoing support.

How Is Spousal Support Enforced?

If a payor spouse fails to make court-ordered spousal maintenance payments, the payee spouse can seek enforcement through the Courts by asking for an income withholding order. A nonpayer might also be subject to contempt of Court proceedings for failing to pay.

As an experienced family lawyer, I will do whatever I can to try to negotiate a resolution to conflicts before they escalate into court intervention. Often, mediation can resolve spousal support disputes in your separation agreement or your divorce.

Can Spousal Support Be Changed?

Spousal maintenance can be modified or terminated under certain circumstances, especially if there has been a significant change in circumstances. These include:

• A change in income or financial resources
• Remarriage of the dependent spouse
• The death of either spouse
• A significant change in the needs or circumstances of either spouse

As a spousal support attorney, I can help you evaluate and assess your situation to determine if you qualify for modifying spousal support.

Speak With An Asheville Spousal Maintenance Attorney

As you are separating and getting divorced, an experienced spousal maintenance lawyer can help ease your worries about your financial needs and obligations. I can provide you with clarity and peace of mind during what I know is a difficult time.

I am available by appointment for confidential initial consultations. You can reach me by calling The Law Office of Steven M. King at 828-900-3674. You can also send me a message through my website.