Cary Spousal Support Lawyer
Spousal support is meant to enable each party to maintain a standard of living close to that which they enjoyed during the marriage. It can be an intimidating and difficult subject to talk about and understand, but a Cary spousal support lawyer can help.
Understanding the various types of spousal support that could play a role in your separation and/or divorce is an important part of determining how such support obligations might impact you. Contact Triangle Divorce to learn how our skilled family attorneys can help you.
Common Spousal Support Factors
North Carolina General Statutes Chapter 50 Section 16.3A lists various factors for courts to consider when making determinations about the amount and duration of an alimony obligation. Some of these factors are:
- Length of the marriage
- Marital misconduct of either spouse
- Relative earnings and capacity to earn of each spouse
- Standard of living established during the marriage
- Each spouse’s level of education and the time necessary to require additional education or training to become part of the workforce
- The age and physical, mental, and emotional needs of both spouses
- Property brought into the marriage by either spouse, among others
As you can see, several of these factors can be very subjective. An experienced Cary spousal support lawyer can help you understand more about these and other factors that may have an impact on your spousal support obligations.
Types of Support Available in Cary
There are two general categories of spousal support in North Carolina. Support can be classified as either post-separation support or alimony. When spousal support is ordered as part of a post-separation support order, it typically lasts for about a year or until alimony is determined. The one year period of time is typically the time in which the couple remains separated, prior to divorce. Spousal support that is awarded as a post-separation order will not necessarily be a part of the final alimony agreement.
Spousal support that is part of an alimony award can be agreed upon by both parties or it can be ordered by the court. Depending on the court’s findings in applying various legal factors to determine a spousal support award, such awards may be for a specific period of time or may be indefinite and last until the death of one of the spouses or the remarriage of the receiving spouse.
Tax Concerns
Tax concerns are an often overlooked but nonetheless an important component of the spousal support discussion. Generally, for orders or agreements entered before December 31, 2018, the individual ordered to pay spousal support can deduct such payments from their taxes while the recipient must report such payments as income.
However, recent changes to the federal tax system will have an impact on how the tax system treats spousal support payments moving forward. An experienced Cary spousal support attorney can help you understand more about how these changes could impact you.
Consulting a Cary Spousal Support Attorney
Spousal support can play an important role in your life whether you are obligated to pay it or are determined to be eligible to receive it. Spousal support obligations can impact educational opportunities, workforce development, employment prospects, qualifying for a loan, living conditions and lifestyle, healthcare, and many other aspects of your life outside of the obvious financial implications such support obligations have for both parties.
With so much on the line when it comes to spousal support obligations, it is important to approach them with a thorough understanding of your rights and how to advocate for them. Working with a dedicated Cary spousal support lawyer can be an important part of that process. Call Triangle Divorce Lawyers today to set up an initial case review.