Once a married couple separates, the supporting spouse may need to provide financial support to the dependent spouse. A dependent spouse may file a claim with the court for spousal support, specifically post-separation support and alimony. Traditionally, the wife has been thought of as the dependent spouse in that for past generations women tended to take care of the marital residence while husbands provided financially for the household. Today, many couples break out of the stereotypical roles of the past, which is recognized in the language of the statutes for spousal support.
Under N.C. Gen. Stat. § 50-16.1A(2), a dependent spouse is one, whether husband or wife, who is actually and substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. In determining a spouse’s dependency, the court will look at both spouses’ financial income throughout the marriage. After the court has determined the dependent spouse, the court will look at numerous statutory factors to determine the amount of support the dependent spouse is entitled to.
Contact Us at Minick Law, P.C. to set up a free, personalized consultation with one of our Divorce lawyers. After speaking with one of our attorneys, you will know the legal standing of your situation and what is best for you.
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