Spousal Support and Alimony Attorneys

Spousal Support Lawyers in North Carolina and South Carolina

Every state has different laws pertaining to spousal support, but the general purpose of this monetary support is to provide some sort of financial help to an ex-partner in the event of a divorce or legal separation. The duration of spousal support in North Carolina or South Carolina can be determined through litigation or mediation, and the amount the dependent spouse is awarded will be calculated based on specific factors.

If you are the independent spouse seeking a spousal support lawyer in North Carolina or South Carolina to protect yourself financially, you’ve reached the ideal legal firm. Collins Family & Elder Law Group is experienced in divorce law and can help you achieve a favorable outcome. If you are the spouse seeking spousal support from your partner, we can help you as well and make sure you get the income you’re entitled to. 

Regardless of your circumstances, it is important to work with our experienced spousal support attorneys in NC or SC. We have the experience needed to protect your rights and finances.

What is Spousal Support and Who Gets It?

Spousal support, also known as alimony, is the financial obligation that one spouse has to another after the dissolution of a marriage. According to the Federal Divorce Act, spousal support should be paid by the higher-earning spouse when there is a large earning gap between the incomes of two spouses after they separate and when the lower-earning spouse has historically relied on their partner’s income. 

Because this isn’t always the case, however, the courts sometimes determine that the spouse with the lower salary may not receive spousal support because of their high-value assets, or because their low income is not connected in any way to the marriage. If those involved in a dissolved marriage make similar amounts of money, a court usually won’t award alimony to either spouse.

Alimony Laws

Before alimony can even be an option for a divorcing couple, there are sometimes state-specific rules about how long the marriage had to last. In North Carolina, there is no such rule, but if you were married for less than 10 years, you likely won’t receive alimony for more than half the duration of your marriage. In South Carolina, the courts merely base the amount of alimony on the length of the marriage. Usually, for every three years of marriage, the dependent spouse receives one year of alimony. These payments may be discontinued if the receiving spouse remarries or cohabitates with another person.

How to Get Spousal Support in North and South Carolina

In order for spousal support to be awarded in North and South Carolina, you must first prove to the court that there is a need for spousal support. Some separating spouses are in need of financial help in order to get back on their feet after a divorce, but others simply want to try to make it on their own.

In either case, your financial circumstances must be carefully considered when you are determining whether or not you need spousal support. Because alimony will have a direct impact on both the payer and the recipient, it is crucial to come to a mutually agreeable amount through mediation and collaborative law. If you are unable to agree upon a spousal support plan, the court may intervene.

The court can base an alimony award based on many factors, including:

• The length of the marriage
• Your roles during the marriage
• The income each spouse currently has
• Each spouse’s standard of living
• Any debt collected
• Financial obligations
• Each spouse’s needs
• Whether one person supported the education or training of the other during the marriage

Through mediation, our legal team can seek a level of payment that makes sense to your family and can try to provide you with the standard of living you have become accustomed to.

What Type of Alimony Can I Receive

Once one spouse has been granted an award of alimony, they may receive one of several types, including:

• Lump-sum alimony: This type of alimony is less common than others, as it is a lump sum paid to the receiving spouse all at once, with no later alteration possible.
• Modifiable alimony: To account for the changing circumstances of life, modifiable alimony is spousal support that can be modified later on. Life changes that warrant an alimony modification must be significant events, such as the loss of a job.
• Permanent alimony: Permanent alimony is support that is paid to the receiving spouse for the rest of his or her life.
• Temporary alimony: Temporary alimony is support paid only for a specified period of time. It is intended merely to help the dependent spouse get back on his or her feet after a marriage terminates.

In divorce mediation, we can help our clients arrive at an amount of spousal support that each of them can mutually agree upon. We will explain why support may be necessary, why you should feel good about receiving it, and why you should feel comfortable with paying it.