- Highly Reviewed & Rated – 9.9 Superb rating on respected legal site AVVO. 5.0 rating on Google. Top-rated lawyer by Super Lawyers. See some of our client reviews below.
- Proven Track Record of Success at Trial – While often the goal is to avoid trial, when we take a case into court, we are proud of our high success rate even when the odds are stacked against us.
- Responsive – We pride ourselves on fast response times when communicating with our clients. We will never let your questions or concerns go unaddressed.
- No Case Is Too Difficult or Complex – This is where our firm’s experience and depth of knowledge come into play. No matter how difficult your case may seem, we fight for you and pursue your best results with tenacity.
- Straight Shooters – You’ve made an important decision in your life. We respect you for that. You can count on us to give you the honest (sometimes hard) truth about what to expect on the road ahead so that you can be prepared in every way possible.
- Because Your Family and Happiness Are at Stake – The smoother and fairer this process goes, the better the post-divorce interactions tend to be. This is better for the children (when applicable), you, and your ex-spouse.
- Caring & Compassionate (truly) – We have a personal connection to divorce and family law matters. We know what you’ve been through and care about your well-being. You are more than just a legal matter.
- Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
- We Keep You Updated – We know transparency is important to you. We want you to know what’s happening with your case at all points in the process.
Wilmington Spousal Support Lawyer
Going Through a Divorce and Have Questions about Alimony or Spousal Support and Looking for a North Carolina Spousal Support Attorney That Covers All the Bases, Does Not Complicate Cases for Extra Billing, Really Cares and Keeps Focused on the Best Interests of You & Your Family?
Who Speaks For You?
Why Choose Speaks Family Law Firm?
Types of Spousal Support for North Carolina Residents
In general, there are two types of spousal support. Post-separation support is temporary and is money paid from one person to the other for a short period. Alimony may continue for a long duration. Post-separation support might be needed when someone has been out of the workforce for some time. The spouse needs some time to prepare a resume and find a job before he or she can be expected to be self-sufficient. The type of spousal support you may be able to receive depends on your individual situation. Our North Carolina alimony lawyers will answer your questions and explain the types of alimony available to you.
Alimony is less common today than in previous generations. Alimony is provided after the divorce rather than during the separation. In many families today, both spouses work and may have college degrees. These factors may make it more likely that they will be able to find employment in the future. Alimony is most often necessary for situations where the couple has been married for an extended period or when one party is not expected to be able to go back to work. For example, when the wife was a stay-at-home mother and didn’t work for many years, it can be challenging to jump back into the workplace with such a large gap in her work history.
Alimony may also apply in some other situations. For instance, if one spouse takes care of a disabled child or elderly parent, permanent support may be needed. However, remember that alimony isn’t intended for those who can find gainful employment. In general, alimony is supposed to assist you during your time of need.
How Alimony is Determined in North Carolina
In North Carolina, there are no recommended guidelines for the determination of alimony. Instead, courts utilize a two-part test to decide whether alimony should be provided. The first part of the test looks at how much money a spouse needs to continue living with the same standards as they did in the marriage. To this end, the judge reviews the spouse’s expenses compared with the available income. Alimony lawyers will use these tests to determine whether you should request alimony.
Next, the courts determine whether the spouse who is to provide support can pay alimony. In addition to these two tests, the judge is allowed to consider many other factors when making this decision. Some considerations the judge may make can include:
- Earnings of each spouse
- Physical, mental, and emotional state
- Length of the marriage
- Standard of living
- Financial requirements of each spouse
- Education of each party and potential retraining to obtain employment
- Ability to earn a sufficient income
- Contribution to the household
- Sources of income
- Assets and liabilities
- Marital misconduct
- Tax implications
Marital Misconduct and Alimony in North Carolina
Proving fault for the divorce or separation is not necessary for obtaining alimony. However, it can be used by a judge in making an alimony decision. When a spouse has committed adultery or some other type of misconduct, the judge may use the information in the fact-gathering process.
While these cases are not unheard of, they aren’t widespread. Unless you have sufficient proof of excess funds being improperly spent due to marital misconduct, do not expect to gain any extra compensation. Your alimony lawyer will examine the details of your specific case to consider your best options.
How Long Does North Carolina Alimony Last?
Alimony lawyers can examine your case to consider the possibility of either spouse receiving spousal support. The courts will decide whether alimony will be paid as a lump sum or in regular payments. It may be ordered for a specific length of time or indefinitely. When the length of alimony is indefinite, it will be terminated only due to one of the following conditions:
- If the parties resume their marriage
- When either party dies
- When the recipient gets remarried
- When the recipient lives with a new partner
These terms and conditions can be decided upon by agreement by both parties during settlement negotiations. In addition to these termination conditions, you and your spouse may decide on a specific date or condition under which alimony will end. For instance, you may decide that alimony will be paid for five years. You can then put this decision into the settlement agreement with help from an alimony lawyer. The judge will typically allow an agreement made by the parties pre-divorce.
Actual Words Clients Have Used to Describe Us & Their Experience:
“He represents all his clients to the best of his ability regardless of the level of the case,” “there is nobody I would ever trust as much to represent me in the future,” “could not have been easier or more professional,” “Attorney Speaks represented my interests in court and got a result that was better than I expected,” “Mr. Speaks and his entire team went above and beyond to help me,” “You would be hard pressed to find a more knowledgeable and caring attorney,” “These guys are the best there are if you need a good lawyer here he is,” “He took care of everything for me, I would highly recommend him if you are in need of legal representation,” “immediately after I got in touch with Speaks law firm and they set me up with a case team and an attorney,” “I have no words for the compassion, care, professionalism, kindness, and helpfulness,” “God bless them for their work and dedication,” “I have been very happy with the help and extra effort everyone has put forth,” “very kind, thorough and professional throughout the entire process,”
If these things are what you are looking for in a law firm, then contact us to see how we can help you and your family.
We help families within or near the Wilmington Area.
Locally, clients come to us from Charlotte, New Hanover, Ogden, Murrayville, Bayshore, King’s Grant, Porter’s Neck, Wrightsville Beach, Myrtle Grove, Surf City, and others throughout the New Hanover area.
What To Do Now:
We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Call our law office at (910) 407-0798 with questions and a description of your situation to see if we can assist or schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day and often within hours of the same day. All information you share is confidential.