How Is Spousal Support Determined and Modified Over Time?
The end of a marriage brings many changes, but few are as stressful as the shift in financial stability. Moving from a combined household to living on your own is a significant adjustment, and it’s natural to worry about how to maintain your standard of living and afford basic needs.
In some cases, spousal support is vital to your ability to maintain financial stability after a divorce. At Ward Family Law Group, we believe that every individual deserves a fair start as they begin this new chapter of their lives, and we are committed to helping you secure a support arrangement that reflects your needs.
With offices in Cary and Wake Forest, North Carolina, we serve clients throughout Wake County, Durham County, Chatham County, Orange County, Johnston County, and Franklin County. Contact our experienced family law attorneys today to schedule a consultation and explore when spousal support may be granted and how it can be modified over time.
What Factors Influence an Initial Spousal Support Award?
When the court determines spousal support, it will consider specific factors to make sure the final award amount is fair. The goal is to balance your needs with your former spouse's actual ability to pay the ordered monthly obligations. The common factors that the courts will consider include the following:
The length of the marriage: Spousal support is often more likely to be awarded in longer marriages, particularly when one spouse became dependent on the other.
Your earning capacity: The court will evaluate your education, skills, and work history to determine how much you could reasonably earn without spousal support.
Your age and health: Your physical and mental well-being will be considered, especially if you have a medical condition that limits your ability to work.
Financial resources: The courts will consider any separate property, marital assets, or other sources of income available to either spouse.
Presenting these facts clearly is the best way for the courts to determine whether spousal support should be granted. Our experienced spousal support attorneys can help you present a clear picture of your history so nothing is overlooked by the court and work with you to document the specific details that will influence the judge’s decision regarding your payments.
When Can Spousal Support Be Modified and How to Request a Modification
Life doesn’t remain the same after a divorce, and an order that worked a year ago might not fit today. In North Carolina, you may be able to ask the court to modify your support if there has been a substantial change in your financial circumstances. You can’t simply change the amount on your own; you must obtain a new court order in order to officially change it.
At Ward Family Law Group, we can help you gather the evidence you need to prove that a legal modification is necessary for your continued stability. Depending on your circumstances, a judge might agree to modify a support arrangement for several reasons, including the following:
Involuntary job loss: If the paying spouse loses their income through no fault of their own, the court may lower the support amount.
Significant illness: If you receive a new medical diagnosis that increases your expenses or reduces your ability to work, the courts may justify a change in support.
Remarriage or cohabitation: If you move in with a new partner, your spousal support payments may be terminated by the court.
Cost-of-living changes: Major shifts in the economy or local housing costs may sometimes warrant adjusting your support amount.
Failure to take the correct legal steps to modify spousal support could result in you being held in contempt of court. Our experienced family law attorney can help make sure your modification request is supported by convincing evidence, prepare the necessary motions, and represent you at the necessary hearings to make sure the judge understands your situation.
Contact Our Experienced Spousal Support Attorneys for Guidance Today
Spousal support is a sensitive area of family law designed to help maintain the standard of living a lesser-earning spouse is accustomed to after a divorce. At Ward Family Law Group, our attorneys are dedicated to providing the guidance you need to pursue financial stability and obtain the support you need to establish a foundation for your new life after marriage.
With offices in Cary and Wake Forest, North Carolina, we serve clients throughout Wake County, Durham County, Chatham County, Orange County, Johnston County, and Franklin County. If you need assistance understanding how spousal support is awarded or how to modify an existing spousal support order, our attorneys will work tirelessly to advocate for your best interests. Contact us today to schedule a consultation and explore your options.
