Divorce or separation can bring about significant financial changes for both parties involved. Alimony, also commonly referred to as spousal support, provides financial assistance to the lower-earning spouse to help them maintain their accustomed standard of living. In this blog post, explore the various types of alimony and delve into the factors that influence the determination of alimony payments.
Temporary Support While the Divorce Is Pending
The spouse in need of financial support typically files a motion or request with the court for temporary support. In North Carolina this is called post separation support (PSS). This can happen early in the divorce process after the initial paperwork has been filed. PSS can be paid on a regular basis (e.g., monthly) and may cover expenses such as housing, utilities, groceries, and other basic necessities.
Note that PSS is distinct from child support, which is intended to cover the needs of any dependent children. PSS ends when the question of permeant alimony is resolved or earlier if a judge places an end date in his/her ruling.
Rehabilitative Alimony
The concept behind rehabilitative alimony is to provide temporary financial assistance to the lower-earning or non-earning spouse. This is to help them acquire the skills and resources necessary to support themselves in the future. Rehabilitative alimony is intended to be a shorter term solution.
It typically has a fixed duration that allows the dependent spouse enough time to acquire education, job skills, or training to reenter the workforce or become self-sufficient. Once the recipient spouse achieves financial stability or completes the agreed-upon plan, the alimony payments may cease or be reduced.
In some cases, rehabilitative alimony orders can be modified based on changes in circumstances. For instance, if the recipient spouse encounters unexpected challenges that prevent them from following their rehabilitation plan or achieving self-sufficiency within the anticipated time frame, they might seek a modification of the alimony order.
Permanent Alimony
Permanent alimony is the ongoing financial payments that one spouse is required to provide to the other spouse after a divorce has been finalized. Longer marriages are more likely to result in longer alimony awards. If one spouse earns significantly more than the other, it also might lead to a higher likelihood of permanent alimony being awarded.
Courts may consider the lifestyle enjoyed by both spouses during the marriage and strive to approximate a similar standard of living for the recipient spouse. The physical and emotional well-being of both spouses can impact the decision to award permanent alimony. In addition, non-economic contributions such as homemaking, childcare, and support for the other spouse's career may be taken into account.
Allan Brandon Tise and his team provide dedicated legal representation, particularly in divorce and family-related cases. With a wealth of experience since 1986, they prioritize protecting your rights and ensuring your case receives the attention it deserves. Contact us today.
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