Raleigh Temporary Alimony Lawyers
Under certain circumstances, a divorce can take several years to be completed and finalized. During this period of separation, couples with a large discrepancy involving income may have to use temporary alimony payments. If a spouse makes significantly less money than the other spouse, he or she may need temporary alimony in order to stay afloat financially while the divorce is being worked out. Raleigh divorce lawyers know the benefits of temporary alimony and are prepared to help clients seeking payments.
At Marshall & Taylor PLLC, our lawyers know how stressful a divorce can be for both you and your finances. Our lawyers are committed to helping those who need financial support through the process of seeking compensation. You should not have to face financial struggles on your own while the divorce proceedings play out. With the help of our legal team, you can seek the compensation you may be needing to move forward with your other plans in life.
Reasons for Temporary Alimony
Temporary alimony is the most common type of payment during the divorce process. Not only is it is designed to keep the pre-divorce financial status quo, but it is also designed to give the dependent spouse time to get back on their feet, to offset the costly expenses that it takes to complete divorce proceedings, and to pursue new avenues for securing income to support themselves.
There are several circumstances for which judges may decide to grant temporary alimony to one spouse. Some of the reasons for temporary alimony include, but are not limited to, the following:
- One spouse stayed at home with children during the marriage
- A spouse makes significantly less than the other
If you and your spouse have agreed to file for a divorce, you may need temporary alimony for the time between filing and finalizing your divorce.
In North Carolina, the state requires a one-year period of separation before either spouse can file for divorce. This means that the process of finalizing a divorce can take from several months up to several years. Such lengthy proceedings can make the need for temporary alimony (also known as post-separation support) very pressing.
If the spouse who is asking for temporary alimony was a stay-at-home parent, who has never worked outside the home during the marriage or has not worked outside the home for a significant portion of the marriage, then temporary alimony will likely be granted.
This spouse is considered to be the dependent spouse. Temporary alimony is intended to help a dependent spouse with expenses, including going back to school or updating their education and skills to enter or re-enter the workforce.
What Factors Are Considered When Granting Temporary Alimony?
- The emotional and physical condition of the supported spouse
- The assets, debts, incomes, and benefits of each spouse, as well as the impact that temporary alimony would have on each partner’s taxes
- The capability for each spouse to earn income based on education, disability, and care for dependents
- The length of time the couple was married
- The circumstances of the marriage, the standard of living achieved for each partner during the marriage, and the needs of each spouse
- Whether one spouse worked in the home as a homemaker during the length of the marriage
- Whether one spouse has contributed to the increased earning power of the other spouse
When calculating temporary alimony, all of the above factors will be considered by the court if the spouses cannot come to an agreement on the amount of temporary alimony to be paid during the divorce process.
Frequently Asked Questions
What is Temporary Alimony?
Temporary alimony is alimony granted to a spouse that does not need long-term support or needs temporary support to offset the time and money spent on the divorce process.
How Does Temporary Alimony Differ from Child Support?
Temporary alimony and child support address different things that are part of the divorce process.
Child support is money that is paid to support dependent children of the marriage until they become independent (the age may be 18 or it may be the age at which they graduate from post-high school education, such as community college or a four-year college program). Child support can be used only to pay for expenses related to the children of the marriage.
Temporary alimony, on the other hand, must ensure that the financial status quo of the pre-divorce marriage is maintained. This means that the supporting spouse must contribute all or a portion (equivalent to the amount contributed during the marriage) of their financial resources to the dependent spouse.
It is possible to obtain both temporary alimony and child support, or temporary alimony without child support, or vice versa.
How Do I Petition the Court for Temporary Alimony?
The first step to obtaining temporary alimony is to hire an experienced alimony attorney. A knowledgeable alimony attorney can give you the guidance and help you need to create a temporary alimony petition that shows the financial support you had during the marriage and what financial support is needed from your spouse to maintain the same status for your household while you are going through the divorce process.
Why Choose Marshall & Taylor PLLC?
Marshall & Taylor PLLC attorneys have extensive experience providing the family law and divorce needs of citizens in Wake County. Jeff Marshall and Travis Taylor have extensive knowledge in every aspect of divorce law, including handling temporary alimony, and their team is dedicated to making the process as simple and painless as possible for you.
We understand that going through a divorce is not easy. We strive to help you through the process with empathy, care, and unparalleled legal insight. As you seek temporary alimony to meet your financial needs between the time you file for divorce and your divorce is finalized, Marshall & Taylor PLLC will help you so that your financial position is not compromised.
Consult a Temporary Alimony Lawyer in Raleigh
Divorce can often be very difficult to deal with, both financially and emotionally. With the help of the legal team at Marshall & Taylor PLLC, you may secure the financial assistance you need to stay afloat throughout the divorce process. Call us at 919-833-1040 or fill out our online contact form today to see if temporary alimony is the best option for you.