Postseparation Support
Revision as of 08:58, 14 October 2022 by Attorney David King (talk | contribs)
| 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.
The amount of postseparation support ordered depends on the financial needs of the parties.[3]
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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] "