Difference between revisions of "Postseparation Support"
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* The spouse is not able to meet their "reasonable needs" in the context of the above factors without 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 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]]. | * 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> | ||
Revision as of 08:59, 14 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 serves to provide a dependent spouse with financial assistance while the litigation for alimony proceeds. 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]
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:
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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] "