Spousal support focuses on a few issues, who is the “dependent” spouse and was there any fault in the marriage. Everyone likes to jump straight to the second layer of this question – fault. This is the area we talk about abusive, cheating, lying, hateful spouses. It’s the part Lifetime movies are made of. But truthfully, it’s a very small part of the equation. The spouse that makes less money, that is considered ‘dependent’ is the main analysis you should be focused on.
It’s normal for couples to struggle maintaining what they had together, on one income. Said another way, if you take 100%, divide it in half, you are not going to still have 100%. That’s reality. What flips this to a dependency question is the differences in income. Are we talking a homemaker earning less than the poverty line (~$25,000/annually) babysitting, cleaning, etc and a corporate executive type? That homemaker’s income and ability to earn a future income is significantly different than their partner’s. As a result, they may need financial support to transition to living independently of their executive spouse.
The question of “how much” is not an easy one to answer. North Carolina has not adopted a state-wide practice as to how to determine a dependent spouse’s need. While there are methodologies to argue, and ways of demonstrating a spouse’s need that can be more or less favorable, the bottom line is that it will rest with the judge that hears the case. First impressions matter in family court.
If you think you may be in a situation that you will need support, or you may be obligated to pay support and want to learn more about how this process works, don’t hesitate to reach out for a consultation today.