Salisbury Alimony Lawyer

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Salisbury Alimony Attorney

If you are going through a divorce that may involve court-ordered payment to your former spouse, you can rely on the services of a Salisbury alimony lawyer to help ensure you reach a favorable outcome. Whether you are seeking alimony or want to fight any effort by your spouse to seek alimony, you can protect your rights by having legal representation in Rowan County.

The attorneys at Lancaster and St. Louis, PLLC, recognize the significant impact a spousal support case can have on helping you gain a strong financial footing after a divorce. We listen to our client’s needs and tailor our approach accordingly, keeping you informed and basing our legal strategy on your goals. Our office is known for integrity and professionalism, which is one reason why residents in and around Salisbury trust us for exceptional service and steadfast legal support.

Understanding the Basics About Alimony in Salisbury

Before a Judgment of Absolute Divorce is signed, a judge may want to see that important matters like child custody, property division, and alimony are addressed. Not every case ends with a judge awarding alimony, but both parties have the right to make arguments in favor or against alimony.

Alimony is a term that is used interchangeably with spousal support. Both terms refer to one spouse’s financial obligation to support the other spouse. Alimony is commonly awarded as part of a divorce proceeding. A judge may consider several factors when deciding whether to award spousal support and for how long.

The awarding of alimony is often contentious. The spouse who is being asked to pay to support their former party may likely fight those efforts. Whether you are seeking alimony or fighting efforts by your spouse to request spousal support, your success could rely on the strength of your family law attorney.

When Is Alimony Awarded in Salisbury, NC?

Ultimately, the main consideration for a judge when awarding alimony is fairness. There is no strict formula that determines whether someone qualifies for or receives alimony.

Factors that may influence a judge’s decision include:

  • Duration of the marriage: The length of a marriage can impact the amount of alimony a spouse receives and the length of time they are to receive it.
  • Earnings and earning capacity: The income, potential income, and earning capacity of each spouse are often considered.
  • Standard of living: The standard of living established during the marriage is considered to ensure that the dependent spouse can maintain a similar lifestyle.
  • Age and health: The age and physical and mental health of both spouses are evaluated.
  • Contributions to the marriage: Contributions to the marriage, including homemaking and supporting the other’s education and career, are considered.
  • Financial needs: The financial needs and obligations of each spouse, including debts, are assessed to determine appropriate alimony.

These are just a few of the considerations made by courts when deciding whether to award alimony, but there are many other factors. Marital misconduct is not typically a consideration when it comes to alimony, but any spouse who engages in infidelity cannot request support.

Alimony is not a forgone conclusion during a divorce, even when one spouse works while the other stays home. If you earned the primary income and your spouse is asking for alimony, your attorney can gather evidence to show that they are capable of supporting themselves after the divorce. If you earn considerably less than your partner, your lawyer can argue that you require financial assistance.

In some cases, the judge may award post-separation support that only lasts for the duration of the post-separation period. Even if alimony is awarded, it is often only ordered for a set period of time. Having an attorney can improve the chances that the courts may side with you on this important matter.

Salisbury Alimony Law FAQs

Q: Do Judges Always Award Alimony?

A: Judges award alimony on a case-by-case basis. The primary factor for a judge is whether awarding spousal support would be fair or not. In cases where one spouse is unable to support themselves sufficiently, a judge may order post-separation support or alimony. The length of time for which alimony is awarded is also based on what would be the fairest to both spouses.

Q: Can Husbands Receive Alimony From Wives?

A: Yes. It is increasingly common for a husband to receive alimony from their wife, especially when they earn substantially less than their wives. The husband’s lawyer could argue that not having spousal support would have a detrimental effect on him. North Carolina laws have no preference for gender in these matters.

Q: Does Alimony Last Forever?

A: Alimony does not always last forever. The judge may consider how long the marriage lasted and the earning capacity of the spouse (among other factors) when setting the payment period for alimony. Judges have wide discretion in how long they can award alimony. Long-term alimony may be more appropriate when one spouse is advanced in age or seriously ill and less able to find work.

Q: Can My Attorney Fight a Request for Alimony?

A: Yes. Having an attorney can be a great resource when it comes to fighting your spouse’s request for alimony in Salisbury, NC. In some cases, your spouse may be requesting alimony to test whether a judge will award it, even though your spouse has earning potential. Having strong legal representation can make sure that the court hears your side of the story and your arguments before any decision is made.

Q: How Can My Attorney Help Fight My Spouse’s Request for Spousal Support?

A: To fight your spouse’s request for spousal support, your lawyer can use evidence to show that spousal support would be a financial hardship for you and your children. Your lawyer can also gather evidence to show that your spouse can support themselves. The earning potential of your spouse is an important factor the courts may consider, and some spouses falsely state they are unable to work when seeking alimony.

Consult Salisbury Alimony Lawyer Today

If you are seeking spousal support or preparing to fight your spouse’s attempts to request alimony, you need strong legal representation. The attorneys at Lancaster and St. Louis, PLLC, focus on family law. We work tirelessly to secure the ideal outcomes for our clients.

To schedule your spousal support consultation, contact our office today.

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