Spousal support is typically seen as a thing for women, but can a man access it? As Charlotte family law lawyers, we know divorce usually evokes many contentious issues. One such problem which requires resolution after a divorce is spousal maintenance. Following a Charlotte divorce, one of the formerly married parties may be economically disadvantaged. This economic disadvantage could be a result of several factors.
However, North Carolina’s family law steps in to resolve this disadvantage and ensure a healthy standard of living for the disadvantaged party. A judge can achieve this resolution by an order for spousal support. So, if you’re considering divorce or already divorced, hiring a Charlotte family law attorney would be wise. This is because an excellent lawyer can tell whether you’re eligible for spousal support.
What Is Spousal Support?
Spousal support is also called alimony in North Carolina. It’s any money paid by one spouse to the other. Such payments usually start after divorce. In most marriages, one spouse earns more than the other. Therefore, the higher-earning spouse pays maintenance to the other. This payment is necessary where the lesser-earning spouse cannot foot their living expenses after divorce.
Can a Man Receive Alimony in Charlotte, NC?
Yes, a man can qualify for spousal support in Charlotte. This is because it’s “dependent spouses” that are entitled to alimony. Furthermore, a dependent spouse is financially dependent on the other spouse. So here, the dependent spouse needs aid from their former partner.
So, the partner who pays spousal support is the “supporting spouse.” Indeed, men and women can be financially dependent in marriages. Therefore, if the man is still dependent after a divorce, he can validly claim spousal support. Previously, men were responsible for and paid spousal maintenance to their wives. Times have changed, though. Now, both spouses can receive and pay alimony.
What Charlotte Judges Consider in Granting Spousal Support
Judges don’t just make spousal support orders. Instead, they consider several factors before ordering alimony payments. These conditions affect spousal maintenance for husbands and wives. Therefore, Charlotte judges would consider:
- Each party’s earning capacity
- Age, education, and health of both parties
- How long the marriage lasted
- The parties’ property and contribution to the marriage
- The needs of both individuals
- Marital misconduct
- Any other economic factor that affects a person’s ability to support themselves
- Each spouse’s disabilities, if any.
- The couple’s standard of living during the marriage
North Carolina doesn’t have specific laws on alimony amounts. Instead, judges arrive at figures after considering the above factors. Finally, the man can receive this spousal support as periodic or lump-sum payments.
How Long Can the Man Receive Alimony?
North Carolina has no legal duration for spousal maintenance. So, judges fix this time considering the facts of the case. However, remarriage always terminates alimony payments. This condition operates regardless of a judge’s decision.
Many other factors can end spousal support. They include:
- Moving in with a new romantic partner
- The death of any of the spouses
- A material change in either spouse’s living circumstances
What If the Man Cheated on His Wife?
“Illicit sexual behavior” affects alimony under North Carolina law. So, suppose the man cheated on his partner before separation. In this case, he’ll lose his right to maintenance. However, if the wife condoned or forgave the cheating, she’ll still have to pay alimony.
For example, suppose a couple was together for ten years. Five years into the marriage, the husband cheated. After a brief separation, the wife forgave him, and the union continued. Now, just after the tenth anniversary, the wife files for divorce. The law states she cannot refuse to pay him alimony because he cheated five years ago.
If supporting spouses cheat, the law will mandate them to pay spousal support. However, sometimes, both the dependent and supporting spouses cheat. Here, the judge will determine whether to award alimony.
Some other bad conducts can affect alimony, including:
- Financial misconduct, such as reckless spending
- Involuntary separation through imprisonment
- Behavior that endangers the other spouse
- Drug and alcohol abuse
- Evicting a partner from the house and preventing them from returning
- Refusing to provide material support to a needy spouse
Let Charlotte’s Best Family Lawyers Help You Get Spousal Support!
Are you a divorcee, recent or not? Or you’re just considering a divorce. Do you think the divorce would place you in a financially disadvantaged position? If this is your story, you may qualify for spousal support. It doesn’t matter that you are a man or a woman. First, however, you’ll need excellent Charlotte family lawyers.
Our attorneys at Waple & Houk understand how divorce affects couples. So, we’ve spent years helping families through legal issues stemming from a divorce. We also have significant experience with spousal maintenance. Therefore, it’ll be best to call us about the possibility of getting alimony.