If you are contemplating separating from your spouse, or you have already separated, finances are likely to be among your chief concerns. You may be in need of financial support from your spouse, or your spouse may need support from you. Post-separation support (temporary alimony) and alimony can be resolved as part of a negotiated settlement, or through a court hearing in which a judge will make a ruling.
In determining whether a spouse is in need of and entitled to post-separation support, a judge will generally focus on economic factors, with the primary emphasis being on the incomes, expenses, and earning abilities of the parties. As such, post-separation support may be awarded based upon a relatively brief examination of the parties’ financial conditions, rather than the extensive and in-depth examination necessary in the determination of the alimony claim.
North Carolina General Statute § 50-16.3A provides a series of factors that a judge must consider in determining the amount and duration of an alimony award. However, judges have broad discretion in determining the weight they apply to the various factors, which may impact the amount and duration of the alimony award, or whether alimony is awarded or denied.
The discretion that judges have in making decisions in family law cases highlights the importance of having a competent and reputable family law attorney representing you in your pursuit or defense of spousal support claims. If settlement options are unsuccessful, you can be confident in our ability to try your case before the court. The attorneys at Siemens Family Law Group regularly try cases involving spousal support before the family court judges in Buncombe County.
Whether you are seeking post-separation support or alimony, or defending claims for support, the attorneys at Siemens Family Law Group will examine the fine financial details and other relevant factors of your case and work closely with you to pursue the best possible outcome.
Visit our Family Law Blog to learn more about post-separation support and alimony in North Carolina.