Get What You Deserve In Alimony Or Post-Separation Support
Separating from a spouse can be an emotional and stressful process that requires making difficult decisions. Some of these difficult decisions can be determining alimony or post-separation support. Though this process can be painful and frustrating, you do not have to go through this alone. Navigating the minefield of legal issues created by separation and divorce requires a compassionate, skilled, and effective advocate on your side. Here at Greenwood Law, we understand that this time in your life can be tough, but that does not mean the legal process has to be equally difficult. We take the time to listen to your situation, research, and create an effective plan of action specifically right for you. We will be there to serve as both an understanding confidant and fiercely zealous advocate for every situation that may arise.
What is “Alimony” and How Can I Get It?
“Alimony” is a payment order for support of a spouse, or former spouse, either in lump sum or periodic payments, usually in a divorce action. Either party in a divorce or separation can move for alimony, which the court will award based on first evaluating whether a spouse is financially dependent on the other spouse. The court’s alimony award requires the court consider marital misconduct by either party, and to weigh multiple other factors, such as:
- Relative earning and earning capacity of spouses
- Amount and sources of earned and unearned income
- Duration of marriage
- Contribution of one spouse to the other spouse’s education, training, or increased earning power
- Extent of which the earning power, expenses, and financial obligations will be affected by a spouse serving as custodian of a minor child
- Standard of living established during marriage
- Property brought to the marriage by either spouse
- Contribution of a spouse as a homemaker
- Relative needs of spouses
Because an alimony award is based on multiple factors, having adequate representation is vital in order to defend against or bolster your alimony claim. Alimony awards can even later be modified based on changed circumstances including change of parties’ earnings and other significant changes that affect the prior award.
How Can I Get Post Separation Support?
“Post separation support” is spousal support which can be ordered in an action for divorce, annulment, or for alimony without divorce, to be paid until a date specified, an award or denial of alimony, an alimony claim dismissal, or an entry of absolute divorce with no pending claim of alimony. Either party can move for post separation support, which the court may award after weighing factors such as:
- Financial needs of parties
- Parties’ accustomed standard of living
- Present employment income and other earnings of each party
- Parties’ income-earning abilities
- Expenses reasonably necessary to support each of the parties
- Each parties’ legal obligations to support any other persons
A dependent spouse may be entitled to such an award for post separation support if the court finds that the dependent spouse’s resources are not adequate to meet their needs and the supporting spouse has the ability to pay. You may be eligible for post separation support which can help you live comfortably and pay expenses, including zealous legal representation, during the pendency of other claims arising from your marriage.
Contact Us Today
Here at Greenwood Law, we are ready and well-equipped to talk to you about your divorce, alimony, and post separation needs today with a careful and compassionate ear. We provide both a patient compassion and a fierce advocacy that is required of every situation. To discuss your options further with the attorneys at Greenwood Law, contact our Winston-Salem office today by calling (336) 794-6138, or filling out our online contact form.