Introduction
This guide sets out to cover the meaning of spousal support, the duration for which it is intended and a number of key points for parties considering making an application for spousal support or varying an existing order of spousal support. Our objective in producing this guide is to aid those who are struggling through the quicksand of spousal support and to assist them in achieving their objectives whilst trying to get through the difficult and trying time of their divorce.
Understand Spousal Support Basics
I recently got divorced and I am struggling to make ends meet. I believe I should receive alimony from my ex-spouse in order to help him/her and I maintain proper living arrangements while we go through the divorce proceedings. In North Carolina and in Florida, there are several ways that spousal support can be awarded.
- Post-Separation Support: Payments made by one spouse to another on a temporary basis until the matter can be decided by the Court.
- Rehabilitative Support: Support is paid for a short period of time to assist a party to become self-sufficient by attending school, getting training, etc.
- Permanent Support: This type of support is awarded on a permanent basis and can continue forever. The support can cease upon the death of either party or upon the dependent spouse’s remarriage unless there is a significant change in circumstances of either party.
Currently, the amount of time that someone is required to pay alimony and how much they are required to pay is determined by the amount of time the couple was married and the financial needs of the dependent spouse. In North Carolina, for example, there are 16 statutory factors that the judge considers when determining whether or not to award alimony to a spouse in a divorce. For example, the court-ordered alimony stops being paid by the spouse receiving it when he or she remarries, or when he or she begins to live as husband and wife with another person.
According to NC statistics, the average amount of standard alimony awarded to spouses in North Carolina marriages is between $1,000 and $3,000 per month for ongoing alimony. It is helpful to know your rights and the options available to you in such trying times in order to take control of your finances.

Identify Key Factors Influencing Duration
When a spouse is required to pay spousal support, there are a variety of factors that will determine how long he or she will be required to pay it. Many of these factors are discussed below.
- Marriage Duration: This factor is extremely hard to predict but in general terms, people in short marriages receive support for a short period of time. Typically for marriages less than 5 years, support is paid for a number of years equal to the number of years that the couple was married. Therefore a marriage less than 10 years would receive support for 1/2 the number of years of the marriage. A couple in an extended marriage such as a 20 year marriage would receive support for a long period of time as their lives became intertwined in the long marriage.
- Financial Needs: How did you spend money during your marriage and how much did you each earn. We will examine your financial situation and that of your spouse and determine your respective needs to maintain a similar standard of living in separate households. You cannot maintain the same standard of living as you did during your marriage in separate households. Many people who have stayed at home with the children will require some time and possibly some training to get back into the workforce.
For how long will it take to get back to work and become self-sufficient if you have not worked outside of the home for many years and were looking after the children during your marriage? Each individual’s ability to earn is an important factor to consider when calculating the amount of support to be paid for how long as well as the amount.
- Age and Health: The court also looks at your age and your health, which can impact how long you will need spousal support to get back on your feet. For example, a person in their 50’s who suffered a serious health problem could require support for an extended period of time.
- Contributions to the Marriage: In determining how long a party will need to receive financial assistance for after separation, the court will look at the past and present contributions of both the recipient spouse and the payer spouse to the marriage. The contributions of the lower earning homemaker and parent of children can affect their earning capacity. The financial and non-financial contributions of the supporting spouse to the marriage will also be considered by the court.
- Illicit Sexual Behavior: Can spousal support payments be denied if the dependent spouse engaged in any illicit sexual conduct for significant amounts of time prior to the date of separation and the payor spouse did not? Conversely, must a paying spouse, regardless of whether he or she engaged in any illicit sexual conduct for significant amounts of time prior to the date of separation, pay support to a dependent spouse who engaged in such conduct prior to the date of separation?
By knowing the factors that affect spousal support, you can prepare for your divorce better and achieve your goals in the divorce for future support.

Navigate the Legal Process for Support Requests
The legal system can often be confusing to many people. Our Family Law Attorneys can guide you through the process and give you specific advice regarding spousal support in your case.
Start making a list of monetary documents which outline your financial need. This may include:
- Pay stubs
- Income statements
- Prior year tax returns
- Statements and receipts which outline your ongoing expenses
Next, your documents are reviewed and a request for partner assistance is filed with the court. A petition is required to request spousal support and the reasons why you require spousal support must be outlined in the document. The attorney can review and assist with the necessary legal wording to complete your petition.
You will present your financial needs as part of your case and then hear the other party’s case. Be prepared for your court date.
After reviewing all of the evidence presented by both your case and the other party's case, the court will then make a decision on how long you will have to pay spousal support as well as how much assistance you will receive if any.
Let us empower you to receive the support you need by going through these easy steps.

Manage Challenges and Modifications in Support
Life is full of unexpected turns. Many people are dealing with new challenges as their lives take unexpected turns. Here’s how you can deal with changes in spousal support and actually get them to modify your assistance agreement.
- Changes in Circumstance: Even though things have changed in your life, are they of such significant enough nature to warrant changes to your assistance agreement? Have you lost your job? Do you earn less income? Are you ill?
- Document Evidence: If there has been a change in your circumstance(s) and you require proof of same (i.e. loss of employment, decrease in income etc.) then you will require evidence of same including doctor’s notes and/or certificates of disability.
- Consult Your Attorney: There is only so much that can be done in outlining your options to dealing with new circumstances in your life. Your best option would be to have your attorney prepare the necessary documents required to modify your agreement and accompany you to court for the necessary hearing(s).
- File a Motion for Modification: You can file a Motion for Modification with the court. This Motion will outline the changes that have occurred in your circumstances and seek a modification to your current Assistance Order.
- Attend the Hearing: The hearing will be your chance to present your case in court. Bring along all relevant evidence to substantiate your changes in circumstances and set out clearly why you need the assistance provided under your current Assistance Order to be modified and increased.
It’s time to get control back on your financial future. We’re here to help modify the amount of support you currently receive to meet your current circumstances.

Conclusion
Divorce can be a very trying time in many people’s lives. Whether or not one will be paying spousal support and how long the other spouse will be receiving it can be a very complicated determination. In general, the length of time the couple was married and each of their financial needs will play the greatest role in determining these aspects.
This article will explore different types of spousal support including rehabilitative support and permanent support. This article will also outline the steps to request spousal support and how to deal with modifications to spousal support agreements.
Spousal support is something that you will need to fight for to receive adequate financial means to support your needs. At the Vasquez Law Firm, we can assist you with your spousal support case. We have a bilingual staff and can work with you to develop a payment plan to afford the legal services that you need. Our goal is to help remove language and financial barriers that may prevent you from obtaining quality legal representation. So start taking care of yourself today instead of putting it off until tomorrow.
Frequently Asked Questions
What is spousal support?
Spousal support, also known as alimony, is financial assistance awarded by one spouse to another during or after divorce proceedings to help maintain proper living arrangements.
What are the different types of spousal support available in North Carolina and Florida?
The types of spousal support include: - Post-Separation Support: Temporary payments made until a court decision is reached. - Rehabilitative Support: Short-term support to help a spouse become self-sufficient through education or training. - Permanent Support: Ongoing support that can continue indefinitely, ceasing only upon the death of either party or the remarriage of the dependent spouse, unless there is a significant change in circumstances.
How is the amount and duration of alimony determined?
The amount and duration of alimony are determined by factors such as the length of the marriage and the financial needs of the dependent spouse. In North Carolina, judges consider 16 statutory factors when deciding on alimony awards.
What happens to alimony if the receiving spouse remarries?
Alimony payments stop when the receiving spouse remarries or begins to live as husband and wife with another person.
What is the average amount of alimony awarded in North Carolina?
The average amount of standard alimony awarded in North Carolina ranges from $1,000 to $3,000 per month for ongoing support.
Why is it important to understand your rights regarding spousal support?
Understanding your rights and options regarding spousal support is crucial for taking control of your finances during the challenging time of a divorce.
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