Difference between revisions of "Postseparation Support"

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<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Typically, almost any alimony claim also has a postseparation support claim.</td></tr>
<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Typically, almost any alimony claim also has a postseparation support claim.</td></tr>
</table>
</table>
'''Postseparation support''' is temporary alimony. It provides financial assistance to a dependent spouse until alimony can be determined at trial. Postseparation support is determined based on the following factors:<ref name="factors">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.2a.html N.C.G.S. § 50-16.2A(b) and (c)]</ref>
'''Postseparation support''' is temporary alimony. It is provided to financially support a dependent spouse until an alimony case can be brought to trial. However, postseparation support verdicts are often substantially less than the final alimony verdict, because it is determined differently than the final alimony case.
* the spouses' accustomed standard of living
* their current recurring income
* their income-earning abilities
* requirements to pay debtors
* each spouse's reasonably necessary expenses
* each party's legal obligations to support someone else


Generally, a spouse qualifies for postseparation support if:<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.2a.html N.C.G.S. § 50-16.2A(c) and (d)]</ref>
To qualify for postseparation support:
* The spouse is not able to meet their "reasonable needs" in the context of the above factors without support
* The other spouse is able to pay the postseparation support award
* The spouse asking for support did not commit [[Marital Misconduct]] during the marriage, prior to the [[Date of Separation|separation date]]. However, if there is marital misconduct from both spouses, it is up to the judge's discretion.


The amount of postseparation support ordered depends on the financial needs of the parties.<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.2a.html N.C.G.S. § 50-16.2A(b)]. "the financial needs of the parties, considering... [the factors listed above] "</ref> The rules for postseparation support are mostly similar to those for alimony but simpler. However, with postseparation support, marital misconduct can be used to disqualify a spouse from support, but not to increase a support payment.
* One spouse has to be financially dependent on the other
* 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 cannot be guilty of "[[Marital Misconduct|marital misconduct]]" (except that if both spouses are guilty of misconduct, it is up to the judge's discretion)


A judge will typically award postseparation support payments equal to the amount that 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]] asserting the facts that support a postseparation support verdict under oath.
==Contact an Attorney==
==Contact an Attorney==
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at [https://www.kinglawnc.com www.kinglawnc.com]. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at [https://www.kinglawnc.com www.kinglawnc.com]. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:

Revision as of 18:47, 1 January 2023

Postseparation Support
Statutes:N.C.G.S. § 50-16.2A
DescriptionTemporary alimony for the duration of the litigation.
TakeawayTypically, almost any alimony claim also has a postseparation support claim.

Postseparation support is temporary alimony. It is provided to financially support a dependent spouse until an alimony case can be brought to trial. However, postseparation support verdicts are often substantially less than the final alimony verdict, because it is determined differently than the final alimony case.

To qualify for postseparation support:

  • One spouse has to be financially dependent on the other
  • 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 cannot be guilty of "marital misconduct" (except that if both spouses are guilty of misconduct, it is up to the judge's discretion)

A judge will typically award postseparation support payments equal to the amount that 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 asserting the facts that support a postseparation support verdict under oath.

Contact an Attorney

This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:

References

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