Difference between revisions of "Postseparation Support"
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* The dependent spouse has to have reasonable expenses they can't afford | * The dependent spouse has to have reasonable expenses they can't afford | ||
* The bread-winner spouse has to be able to afford to cover those reasonable expenses | * The bread-winner spouse has to be able to afford to cover those reasonable expenses | ||
* The spouse asking for alimony | * The spouse asking for alimony has to be innocent of any sexual acts that were (a) during the marriage (b) prior to separation and (c) outside the marriage<br>(except that if both spouses are guilty of misconduct, whether to order support payments is up to the judge's discretion) | ||
Postseparation support payments are ordered for the amount the financially-dependent spouse's reasonable expenses exceed their income. What expenses are reasonable depends on the accustomed standard of living during the marriage, current income and income-earning abilities, debt, and legal obligations to support children or others. A [[Financial Affidavit]] listing all income and expenses under oath is critical. Additionally, the motion or pleadings requesting postseparation support have to have a signed/notarized [[Verification]]. | Postseparation support payments are ordered for the amount the financially-dependent spouse's reasonable expenses exceed their income. What expenses are reasonable depends on the accustomed standard of living during the marriage, current income and income-earning abilities, debt, and legal obligations to support children or others. A [[Financial Affidavit]] listing all income and expenses under oath is critical. Additionally, the motion or pleadings requesting postseparation support have to have a signed/notarized [[Verification]]. | ||
Latest revision as of 21:03, 1 January 2023
| Postseparation Support | |
| Statutes: | N.C.G.S. § 50-16.2A |
| Description | Temporary alimony for the duration of the litigation. |
| Takeaway | Typically, almost any alimony claim also has a postseparation support claim. |
Postseparation support (PSS) is temporary alimony. It is intended to help a financially-dependent spouse until the alimony claim is taken to trial. However, postseparation support verdicts are often substantially less than the final alimony decision. That's because temporary postseparation support payments are determined using different criteria than the alimony claim.
To qualify for postseparation support:
- One spouse has to be financially dependent on the other, or substantially in need of support
- The dependent spouse has to have reasonable expenses they can't afford
- The bread-winner spouse has to be able to afford to cover those reasonable expenses
- The spouse asking for alimony has to be innocent of any sexual acts that were (a) during the marriage (b) prior to separation and (c) outside the marriage
(except that if both spouses are guilty of misconduct, whether to order support payments is up to the judge's discretion)
Postseparation support payments are ordered for the amount the financially-dependent spouse's reasonable expenses exceed their income. What expenses are reasonable depends on the accustomed standard of living during the marriage, current income and income-earning abilities, debt, and legal obligations to support children or others. A Financial Affidavit listing all income and expenses under oath is critical. Additionally, the motion or pleadings requesting postseparation support have to have a signed/notarized Verification.
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