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 is provided to financially | '''Postseparation support''' is temporary alimony. It is provided to help a financially-dependent spouse get by while they work on taking their alimony case 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: | To qualify for postseparation support: | ||
Revision as of 18:57, 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 is temporary alimony. It is provided to help a financially-dependent spouse get by while they work on taking their alimony case 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.
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