During the Separation Period – Post Separation Support and Alimony
During the separation period, one spouse may seek and/or be entitled to post separation support. Post separation support are payments from a supporting spouse to a dependent spouse during the time prior to a divorce being finalized. Alimony is the same type of payment, but after the divorce has been finalized.
There are several factors under North Carolina General Statute 50-16.2A that are used in deciding whether to award post separation support:
- Financial needs of the parties;
- The parties’ accustomed standard of living;
- Present employment income and other recurring earnings of each party from any source;
- Parties’ income-earning abilities;
- The separate and marital debt service obligations;
- Expenses reasonably necessary to support each of the parties; and
- Each party’s respective legal obligations to support any other person.
A dependent spouse is entitled to an award of post separation support if the court finds that the dependent spouse does not have adequate resources to meet reasonable needs, and the supporting spouse has the ability to pay.
However, there is an exception in the statute regarding marital misconduct. A judge shall consider marital misconduct by the dependent spouse occurring prior to the date of separation in deciding whether to award post separation support and in deciding the amount. The judge shall also consider any marital misconduct by the supporting spouse in deciding whether to award post separation support and in deciding the amount.
Check out the blog next week for our continued series on the separation period!
If you have any questions about post separation support or alimony, please contact Megan Schultz at The Law Group to set up a consultation! 910-251-6088.