Post-Separation Support

Post-Separation Support is a form of alimony.  In fact, in previous forms of the North Carolina statutes it was called “alimony pendente lite” and then “temporary alimony.”  Like alimony, post- separation support is an economic reality computation based on one party being the supporting spouse and the other being the dependent spouse.

“Dependent spouse” means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.

“Supporting spouse” means a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support.

Post-Separation Support Lawyers in Charlotte

The family law attorneys at Weaver, Bennett & Bland, P.A., have years of experience in dealing with the prosecution of post-separation support claims and in defending such claims.  Contact us at (704) 844-1400.

How can I get post-separation support?

Post-separation support is awarded or agreed to for a relatively short period of time compared to alimony; usually for a year or a little more, or until the order of alimony is entered whichever comes first.

Per N.C.G.S. §50-16.2A, in ordering post-separation support, the court shall base its award on:

  • The financial needs of the parties considering the parties’ accustomed standard of living
  • The present employment income and other recurring earnings of each party from any source
  • The income-earning abilities of the parties
  • The separate and marital debt service obligations of the parties
  • Those expenses reasonably necessary to support each of the parties, and
  • Each party’s respective legal obligations to support any other person(s).

A dependent spouse is entitled to an award of post-separation support if, based on consideration of the factors above, the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay, unless, the court considers fault or marital misconduct of the dependent spouse and that of the supporting spouse.

Does adultery affect post-separation support?

Unlike alimony where adultery on the part of the dependent spouse bars alimony from being awarded, it is in the discretion of the judge at the post-separation support hearing what effect, if any, the misconduct, including adultery, has on the award of post-separation support.