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Are You Eligible for Spousal Support? 5 Things Your Judge Will Consider | Allan Brandon Tise PLLC, Attorney at Law
February 8, 2018
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Approximately 450,000 people in the United States receive spousal support, most of which are women. Although spousal support may be awarded permanently in special circumstances, it is intended to be a temporary measure to allow you to get back on your feet financially. If you plan to ask for spousal support, you should know that the judge will consider the following.
1. Both of Your Finances
Before you are awarded alimony, the judge will consider the finances of both you and your spouse. To get approved, you must have a financial need and your spouse must be in a position to help you meet that need. If you earn more than your spouse, you will likely not be approved for alimony. However, if you make very little while your ex makes a lot, you are more likely to be approved.
Even in the face of great need, the court will not award alimony if your spouse cannot afford to pay it. If both of your incomes are at the poverty level, your petition will probably not be granted.
2. Length of Your Marriage
In some states, you must be married for at least 10 years to ask for support. While North Carolina does not have a minimum marriage length requirement, the length of your marriage matters, a lot.
The judge is more likely to award alimony in longer marriages than in shorter ones. What's more, the length of your marriage is considered when determining how much alimony you will receive and for how long. Generally speaking, alimony is only awarded for a duration that's equal to half the length of a short marriage.
3. Your Education Level
Your education level and your spouse's are also factors the judge will consider. If your ex has a degree while you have a high school diploma, you may be at a financial disadvantage after your divorce. The judge will recognize the disadvantage and may award alimony to level the playing field in the months and years following your divorce.
If you have special skills or licenses, your judge will consider them. Your education and skill level has a direct impact on your finances and how well you will be able to manage them after your divorce.
4. Your Earning Ability
Similarly, the judge will consider your earning ability. If you have been a stay-at-home parent and have not worked for the past several years, you may have very little earning ability, at least in the beginning. However, if you are employed full-time and earn a decent living, you will be found to have decent earning ability.
The judge may also consider factors that prevent you from earning money, such as a disability or how much time you spend caring for your children. If special circumstances prevent you from earning a living, you should inform your attorney. They may help your case.
5. Your Spouse's Behavior
Your spouse's behavior or even yours during the marriage may come into play. While laws vary greatly from state to state, most judges will consider some behaviors when awarding alimony. For example, if your spouse gambled your savings or negatively impacted your finances, you may be more likely to get alimony.
For the most part, courts don't care about the intimate details of your marriage when awarding alimony. However, if your actions brought about the demise of the marriage, the judge may consider it. For example, if you committed adultery, you may not be able to get alimony, especially if your infidelity is the reason why the marriage is ending.
If you're thinking about divorce, call Allan Brandon Tise
,
PLLC
,
Attorney at Law
to learn more about alimony and how it can help you recover financially from a divorce.
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