Statesville Spousal Support Lawyer

Experienced Spousal Support Attorney in Statesville, NC

Spousal support, called alimony in North Carolina law, offers financial support for a spouse with fewer resources after a divorce. The support is paid by the other spouse. There are many financial stressors in and after a divorce, and awarding alimony can be a contentious issue. Whether you are requesting support or facing a costly alimony order, a Statesville spousal support lawyer can help you protect your financial interests.

Dedicated Statesville Spousal Support Attorney at Ralston Benton Byerley & Moore, PLLC

Alimony is one aspect of a divorce, which is an already emotionally and financially draining case. At Ralston Benton Byerley & Moore, PLLC, we have years of legal experience in family law cases and want to provide you with guidance through this difficult time. Filing for alimony can be overwhelming, whether it is in a divorce or an alimony-only case. When you hire our firm, we offer compassionate and clear legal advice.

Our attorneys are proud to help families in our communities. We have experience in local courts, such as the Iredell County Hall of Justice, and can use our knowledge to efficiently navigate your family law case.

Understanding Alimony in Statesville

Alimony is not awarded in every divorce, but it is a possibility when couples end their marriage. The Centers for Disease Control and Prevention reported a divorce rate of 2.7 per 1,000 people in North Carolina in 2024, higher than the national rate of 2.4 per 1,000. In Statesville, about 8.8% of men and 14.4% of women are divorced.

Alimony payments are awarded when there is a dependent spouse and a supporting spouse. A dependent spouse is a spouse who substantially relies on the supporting spouse financially. The court has discretion to determine:

• Whether alimony is awarded
• If the support is paid periodically or in a lump sum
• If alimony is awarded for an indefinite or specified period of time
• The amount of support awarded

The court only awards alimony to a dependent spouse and requires payment from a supporting spouse. The purpose of alimony is to provide financial support to a spouse who gave up career opportunities and other financial benefits to support their spouse’s career, be a homemaker, or raise children.

How the Court Decides Alimony in North Carolina

When determining whether a spouse receives alimony, the length of time, the amount, and the frequency, the court may consider the following factors:

1. Whether either spouse engaged in marital misconduct during their marriage and before separation, including adultery, abandonment, cruel and life-endangering treatment, reckless spending of income, hidden assets, excessive alcohol or drug use, and other acts
2. The earnings, earning capacities, earned income, unearned income, separate property, relative assets, and relative liabilities of each spouse
3. Each spouse’s age, physical health, and mental and emotional condition
4. The education of each spouse and the time it would take a dependent spouse to find employment to provide for their needs
5. How long the marriage lasted and the standard of living established during the marriage
6. Either spouse’s contributions to the other spouse’s education, vocational training, and improvement of earning capacity, or their contribution as a homemaker
7. How a spouse’s financial abilities are affected by being the custodial parent of a child
8. Each spouse’s financial needs
9. The tax implications of an alimony award

The court can assess any other factors about the financial abilities of either party that are relevant to determining fair alimony. While the court considers all of these factors, the decision it reaches can vary significantly. When you have an attorney, they can help you advocate for fair alimony in your unique circumstances, providing information on key circumstances that impact your financial situation.

FAQs

What Disqualifies You From Alimony in North Carolina?

A spouse can be disqualified from alimony in North Carolina if they would have received alimony, but engaged in sexual acts with a person other than their spouse during the marriage or before the date of separation. Alimony is only awarded to a dependent spouse and ordered to be paid by a supporting spouse. There may be other facts that disqualify you from alimony, and awarding it is up to the discretion of the court.

What Should You Tell Your Divorce Attorney?

When you hire a divorce attorney, you should generally be upfront with them about the important facts in your case. Your divorce attorney needs important information to build your case and protect your interests. If there are surprises for your attorney during the divorce, this may only make it harder for them to represent you. An attorney is your ally, so it’s important to discuss key information, even if you think it makes you look bad.

How Hard Is It to Get Alimony in North Carolina?

It can be difficult to get alimony in North Carolina, but each divorce case is unique. If you are financially dependent on your spouse, you are much more likely to secure an alimony award. When you hire a spousal support lawyer, they can help you prepare a stronger case, providing financial information and other important evidence to prove your need for support. While an attorney cannot guarantee an alimony award, they can advocate strongly for your interests.

What Is the Average Alimony Payment in North Carolina?

There is no average alimony payment in North Carolina, and the amount awarded in alimony is reliant on the discretion of the judge. The court looks at many factors to determine how much alimony is awarded and for how long. This includes the duration of the marriage, the health and well-being of both spouses, the needs of both spouses, any marital misconduct, the earning capacities and sources of income of both spouses, and the standard of living during the marriage.

Hire a Spousal Support Lawyer in Statesville

When you are facing a divorce or separation in Statesville, it can be hard to know what to do, especially if you are financially dependent on your spouse. When you reach out to Ralston Benton Byerley & Moore, PLLC, we can help you approach your case with more certainty and make sure you know what to expect throughout the process.