The amount of money you pay or receive in spousal support will significantly impact your financial situation for years to come. By hiring an experienced spousal support lawyer in Charlotte, you can ensure your interests are protected.
At Melone Hatley, P.C., our compassionate team of Charlotte divorce lawyers will aggressively pursue a spousal support agreement or order that meets your needs and ensures your financial stability. Reach out today to set up a free case consultation with one of our firm’s experienced Client Services Coordinators.
What Is Spousal Support?
Spousal support is a term used to describe payments made between former spouses during the mandatory separation period and following a divorce. Spousal support payments aim to do more than cover basic living expenses for the receiving spouse. The amount paid should enable the receiving spouse to maintain a lifestyle similar to the one experienced during your marriage.
Your spousal support arrangement can be established through a separation or divorce agreement between you and your former spouse or determined by a family law court in a separation or divorce order. The court will consider various factors to determine the payment amount and duration.
Changes in your life or that of your former spouse may affect the terms of your original spousal support agreement or order, necessitating adjustments to the agreement.
An experienced Charlotte family lawyers will help you through all the steps of any spousal support proceedings.
Your Rights and Responsibilities When Seeking Spousal Support
When attempting to secure spousal support from your former spouse, any agreement you entered into at any point may factor into the judge’s ruling.
A signed prenuptial, postnuptial, or separation agreement may be honored be honored during divorce proceedings. That means that even if your circumstances would otherwise qualify you to receive spousal support, an agreement that waives your right to support would block you from receiving payments.
During the divorce process, either you or your spouse may be able to file a motion for temporary spousal support. This support is provided while awaiting the finalization of your divorce through an agreement or court order if the court grants your motion.
At Melone Hatley, P.C., our experienced spousal support lawyers will ensure you understand your rights and assist you with your spousal support claim.
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Factors Considered When Determining Spousal Support in North Carolina
There are many factors that the court will consider before making a ruling regarding spousal support. Some of the things that the court takes into consideration are::
- The length of your marriage
- The property and financial assets of both parties
- Your earning capacity
- The earning capacity of your former spouse
- The standard of living that was established during your marriage
- The financial contributions made by both parties to your household during your marriage
- Whether either you or your former spouse helped contribute to the other party’s attainment of education, training, or employment in any manner
- The employment opportunities available for you and your former spouse based on your chosen fields, location, and the economy
- How any period of voluntary unemployment during marriage by either spouse may have affected their ability to find employment
- Whether any prenuptial, postnuptial, or separation agreements exist that outline the conditions for spousal support
- Whether domestic abuse, adultery, or another form of betrayal in your marriage caused your divorce
The above list does not cover everything that will be considered. Depending on the specifics of your situation, the court may consider a variety of other factors. An experienced spousal support attorney in Charlotte will review all the details of your situation to determine what other factors may affect the spousal support in your divorce settlement or order.
Reasons to Modify a Spousal Support Agreement or Order
Spousal support could be awarded in your case for a period of a few years or indefinitely. Even if the court initially decides that spousal support payments will be made for only a short period, changes in your situation or that of your former spouse may require a modification to the original spousal support agreement or order.
Factors that commonly influence a judge to reopen a divorce agreement or order to make modifications to the terms of spousal support include:
- Significant changes to the income of either party
- The spouse receiving support remarries
- Notable changes to the needs of either party
Changes in Income
A judge will likely agree to consider changing a spousal support settlement or order if there are significant changes to the income of you or your former spouse. For example, if the party making spousal support payments is let go from their job or has their hours significantly reduced, a judge may decide to decrease the spousal support they must pay.
If the party paying spousal support receives a significant raise, a judge may decide they should pay more to their former spouse. Significant changes to the income of the party receiving spousal support can also cause a judge to modify the original spousal support agreement.
In cases involving a substantial increase in the receiving party’s income, the court may rule to terminate support payments altogether.
Remarriage of the Spouse Receiving Support
The most common situation in which a judge will terminate spousal support is if the party receiving payments remarries. While remarriage will not automatically trigger outright termination of support, it may lead to a reduction in the amount to be paid.
Changes in Needs
If either party sees a significant change in their financial needs, a judge may rule to alter the terms of a spousal support agreement or order. Health issues that lead to substantial medical expenses for the party receiving support can lead to an increase in the size of payments.
Alternatively, if the paying party sees an increase in their medical expenses that affects their ability to pay spousal support, the court may rule to reduce payments.
Start Working With an Experienced Spousal Support Attorney Serving Charlotte Today
Whether you are going through an amicable or contentious divorce, an experienced divorce lawyer by your side is essential. You and your spouse may agree on spousal support payments and other necessary decisions, but you might not fully grasp the long-term implications of such an agreement or order.
At Melone Hatley, P.C., we will help you through every step of the divorce process. Contact us through this website or by giving us a call today to schedule your initial case evaluation with a member of our team.
