Postseparation Support

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:

• 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:

• 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. 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.

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