Difference between revisions of "Postseparation Support"
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* 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) | * 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) | ||
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]]. | ||
==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 19:02, 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 intended 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. Temporary postseparation support payments are determined using different criteria than the final alimony verdict.
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)
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.
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