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 | '''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> | ||
* the spouses' accustomed standard of living | * the spouses' accustomed standard of living | ||
* their current recurring income | * their current recurring income | ||
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* 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 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 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. | ||
==Contact an Attorney== | ==Contact an Attorney== | ||
Revision as of 15:20, 18 October 2022
| 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 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:[1]
- 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:[2]
- 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 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.[3] 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.
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:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ N.C.G.S. § 50-16.2A(b) and (c)
- ↑ N.C.G.S. § 50-16.2A(c) and (d)
- ↑ N.C.G.S. § 50-16.2A(b). "the financial needs of the parties, considering... [the factors listed above] "