ALIMONY & SUPPORT

WE WILL MAKE SURE YOU ARE SUPPORTED

An alimony award can have a significant impact on your financial situation from the time the petition for divorce is filed until long after a final divorce decree has been entered.

Post-separation support is an important type of financial support that allows you to retain a position that is as close as possible to your standard of living during your marriage. This support can be very helpful in the stressful situation that divorce causes.

In order to make sure your rights to alimony or post-separation support are protected, you should speak with a professional you can trust.

The attorneys at SeiferFlatow can skillfully help you with your alimony issue and make sure that you get what you are entitled to. Call SeiferFlatow today at 704-512-0606 to schedule a consultation.

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ALIMONY VS. POST-SEPARATION SUPPORT

Alimony is payment for the support and maintenance of a spouse to be paid in a lump sum or on a continuing basis that is granted in the divorce decree or in a judgment from a separate alimony action.

In order to receive alimony, the spouse seeking the alimony must prove:

  • That the spouse seeking the alimony is actually and substantially dependent on the other spouse for maintenance and support
  • That an award of alimony is fair considering all relevant factors, including marital misconduct.

Post-separation support is money paid from one spouse to another from the time of separation until either the date specified in the post-separation support order or an order awarding or denying alimony. In order to be awarded post-separation support, the party asking for it must show:

  • The parties were lawfully married;
  • The party seeking post-separation support is dependent upon his or her spouse for support;
  • The party from whom post-separation support is sought is a supporting spouse;
  • The party seeking post-separation support cannot meet his or her financial needs; and
  • The supporting spouse has the ability to pay post-separation support.
WHEN IS ALIMONY GIVEN?

Marital misconduct normally shows in the form of illicit sexual conduct with someone outside of the marriage.

  • If the supporting spouse engages in marital misconduct, then alimony MUST be given to the dependent spouse.
  • If the dependent spouse engages in marital misconduct then alimony MUST NOT be given.
  • If both spouses engage in marital misconduct then the court has discretion whether to give alimony or not.
  • In some instances, a spouse may condone the actions of the other spouse. When this occurs, the court will not consider marital misconduct in determining whether alimony should be awarded.

In order to see if condonation has occurred, the court looks at whether the condoning spouse stated that she condoned it, or whether the condoning spouse has acted in a way that shows she condoned the conduct.

WHAT FACTORS DECIDE ALIMONY?

The court also looks to other factors when deciding whether or not to award alimony and what amount to award. The factors that the judge will consider are:

  • Earnings of the parties
  • Age of the parties,
  • Physical, mental, and emotional condition of the parties
  • Amount of income each party makes and the sources of that income
  • Duration of the marriage
  • Who looks after the children
  • The parties’ education levels and needs for training
  • The parties assets, liabilities, debts, and property brought to the marriage
  • Any contribution to the marriage by being a homemaker
  • Other relevant factors.
WHAT FACTORS DECIDE POST-SEPARATION SUPPORT?

In making a determination for post-separation support, the court will use several factors related to the economic status of the parties. These factors include, but are not limited to:

  • The parties’ employment status
  • The parties’ debt,
  • The parties’ expenses,
  • The parties’ ability to produce income
  • Whether or not the party seeking support can maintain their current standard of living without support from the other spouse.

Marital misconduct is also considered in decisions for post-separation support.

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    I've only had a consultation about a custody case, thus far, with Missy Foard and I can promise you she is an amazing woman. She's knowledgeable, professional, kind, funny, and affable. Words cannot express how hopeful and elated I felt leaving our meeting. It meant the world to me. I would and will recommend anyone to this law firm. Thank you so much, Missy.
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