Factors In Awarding Spousal Support

A constant point of contention among divorced ex-spouses or spouses preparing for divorce is frequently alimony: Either someone is paying too much or someone is not getting enough.

At Miller & Illikainen, we can help you reach an alimony (also known as spousal support) agreement or protect your rights in litigation, if necessary. Our family law attorneys serve clients in Fayetteville and throughout North Carolina who need knowledgeable guidance to get through disputes like these, and we can provide the same for you.

Could Spousal Support Be Ordered In Your Divorce?

Spousal support is not automatic in a North Carolina divorce. In order to seek alimony, you also must prove that you are the financially dependent spouse. In most cases, when determining the amount and duration of alimony, a judge will consider:

  • Whether adultery, abuse or some other "fault" was the reason for the divorce
  • The marital standard of living
  • Each spouse's income and future earning potential
  • Each spouse's medical needs or if one suffers from a disability

For example, a judge may award temporary spousal support to allow a spouse with a lower earning capacity to develop new job skills. Permanent spousal support could be ordered after a long-term marriage in which one of the spouses was a homemaker.

With nearly 40 years of combined legal experience serving clients in North Carolina, our lawyers know what the judges look for and how they operate. They can analyze your particular situation, and help you determine the likelihood of you receiving or paying spousal support.

Of course, if you and your spouse can work together, we may be able to help you forge a settlement. If you can reach an agreement, it is important to have a lawyer review it before you sign anything so you do not set yourself up for financial harm in the future.

If you want to learn more, send us a message online or call 910-401-2280 or 888-580-6091. We will take the time to answer all of your questions.