Raleigh Permanent Alimony Lawyers
Alimony is granted to individuals during a divorce when differences in income are substantial. Permanent alimony, in particular, results in one spouse having to pay the other a certain amount for the rest of their life.
While the practice of paying permanent alimony used to be more widespread in the United States, it has diminished in the past decades as more and more women have entered the workforce and, have, at least theoretically, gotten the means to become financially dependent.
Connecticut, Florida, New Jersey, Oregon, West Virginia, Vermont, and North Carolina are the only states that still grant permanent alimony to dependent spouses.
Raleigh permanent alimony lawyers understand the stress of sorting out finances during divorce processes. Oftentimes, the financial and emotional stresses surrounding divorce can be overwhelming; the good news is that you do not have to face the legal process alone.
The lawyers at Marshall & Taylor PLLC are dedicated to assisting those who need help navigating the legal process of seeking alimony. In addition, our lawyers are experienced in all areas of alimony and can help those who are trying to decrease the amount of alimony they must pay. Regardless of your needs, our lawyers care about helping you reach financial stability.
Reasons for Permanent Alimony
Divorce courts use a number of factors when determining if alimony is necessary for a couple upon separation. Some factors that influence permanent alimony to be granted include the following:
- Long-term marriage
- A significant difference in earning capacity
- A difference in age of spouses
If you are going through a divorce in the Raleigh area and believe that you may need permanent alimony or you want to avoid paying your ex-spouse, an experienced divorce lawyer can help fight for your legal rights and interests. Your attorney can help your case though the numerous considerations that are necessary when determining alimony.
When Determining Permanent Alimony
In order to establish a permanent alimony agreement, the following two conditions must be satisfied: 1) there must be necessity for permanent alimony, and 2) both partners must reach an agreement on the amount of the alimony—alternately the court may decide upon an amount to award. When establishing a case for permanent alimony, the following factors will be considered:
- The individual earning capability of both partners. Cases, where one spouse has mostly or exclusively relied on the higher-earning capacity of the other spouse, are most likely to achieve a permanent alimony settlement. Not only must one spouse be capable of supporting the other, but the spouse pursuing permanent alimony must prove that they will be in continual need of long-term financial assistance.
- The physical, mental, or emotional condition of both partners. If the spouse pursuing permanent alimony can prove that their long-term physical, mental, or emotional needs will necessitate permanent alimony, this makes a case easier to establish. Permanent alimony is most often granted to spouses who have a history of disability that prevents them from a normal earning capacity.
- The education level and employment history of the dependent spouse. If one spouse lacks the ability to complete higher education or to attain the other spouses’ earning capacity, this can be a reason to petition for permanent alimony.
- The needs of both partners, including those of shared dependents. In a permanent alimony case, the more financially-dependent spouse is not the only party whose needs will be examined. The capabilities, assets, and personal situations of both parties will be investigated, particularly as they pertain to children the couple share.
- The length of the marriage. Longer marriages have a greater case for obtaining permanent alimony, as spouses are arguably more dependent on their partners’ finances over time.
Though this list is not exhaustive, it represents some of the most critical aspects that influence the outcomes of permanent alimony cases. In any case, our Raleigh legal team will do everything they possibly can to help you protect your interests as you and your former partner work toward an alimony agreement.
Frequently Asked Questions
Why Should I Ask for Permanent Alimony?
Permanent alimony should be sought if you and your spouse have been married for a long time, and you’ve become financially dependent on them for all your support. Additionally, if you have given up a career to stay home and raise the children from your marriage and take sole care of the household, then you should petition the court for permanent alimony. Permanent alimony should also be requested if you have a chronic illness and/or disability that prevents you from being able to support yourself financially.
How Does Permanent Alimony Affect My Taxes?
In 2018, the United States Congress passed legislation that substantially changed the way any kind of alimony affects taxes for both the supporting spouse and the dependent spouse.
Before 2018, the supporting spouse was able to take any type of alimony as a tax deduction and the dependent spouses had to declare any type of alimony as income. After 2018, supporting spouses are no longer able to take any sort of alimony they pay as a tax deduction and dependent spouses no longer have to declare any kind of alimony they receive as income.
What Do I Need to Do to Start My Petition for Permanent Alimony?
The first step to building a case for permanent alimony is to retain a knowledgeable alimony attorney who can present compelling evidence to the court of why you should be granted permanent alimony. Because divorce is emotionally and mentally stressful, you may not be able to objectively consider all the things that you have contributed to the marriage, including creating an environment that supported your spouse’s ability to succeed in their career and reach a high-earning capacity. However, an experienced alimony attorney can discover all the details of your marriage that support your petition for permanent alimony.
Why Choose Marshall & Taylor PLLC?
Marshall & Taylor PLLC attorneys know that the divorce process can be an emotionally traumatic and exhausting process for both parties. Our goal is to make the process as pain-free for you as possible, and we will stand by your side as trusted advocates for your interests.
We have decades of experience in practicing divorce law and handling alimony cases. Our attorneys will ensure that all of your needs are met after this difficult chapter in your life by bringing our legal insight and resources to resolve even the most complicated cases.
Consult a Permanent Alimony Lawyer in Raleigh
The lawyers at Marshall & Taylor PLLC have the knowledge and experience necessary to best help those going through the legal proceedings of a divorce. Call 919-833-1040 today to speak with a permanent alimony lawyer in Raleigh who can help you better understand your legal options.