What Factors Influence Spousal Support Decisions?

Alimony, or spousal support, is not a given in a Raleigh, NC divorce. That doesn’t mean it’s uncommon, but it does mean that you will have to prove the need for it if you’re asking for it and that you do have the right to contest it if you’re being asked to pay it. A spousal support attorney can give you personalized advice on what to expect in your case and what factors are likely to weigh heavily with the courts in making decisions about alimony.

What Factors Influence Spousal Support Decisions?

The point of alimony is to even things out, so to speak, so alimony is never considered entirely by itself. It’s something that has to be thought about in the context of each unique divorce. The goal is to ensure that both spouses can live the same lifestyle after their marriage as they did before and that one spouse is not left in a precarious financial state. This means all kinds of factors come into play:

The Length of the Marriage

The longer a marriage went on, the more likely it is spousal support will need to be paid. The longer the marriage, the more intertwined the lives become, and the more likely it is that one spouse sacrificed their own career development to manage the home while the other spouse advanced financially.

Children

Children are a big concern when it comes to spousal support. If one parent is solely responsible for the children, then they may need more spousal support, in addition to child support, since they will not be able to work as many hours or advance in their career the way the other parent can. If care and support of the children is shared equally, this will be less of a factor.

Contributions to the Marriage

The court will be looking at what specific contributions each party made to the marriage, and financial contributions are only part of the question. The court will look at child-rearing efforts and homemaking contributions.

Earning Potential 

Again, if one spouse has much higher earning potential because they have been developing their career during the marriage, it’s likely they will be asked to support the other spouse, at least until that spouse has a chance to get some training and work experience.

Financial Situation and Assets

The assets of the marriage will be divided, and how this division goes down may influence whether support is needed. Shared assets, which are most things that were acquired by either party during the course of the marriage, will be divided between the partners, but separate property matters, too. A family inheritance, for example, is usually considered separate property. It might not be divided, but the court will take it into consideration as it makes support decision decisions.

Talk to a Spousal Support Attorney in Raleigh, NC

Many more factors can be involved, so for personalized help and advice, talk to us at Gantt Family Law in Raleigh, NC today. We also have offices in Apex, Chapel Hill, Durham, Sanford, and North Raleigh.

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