Post Separation Support & Alimony
Post Separation Support
Post Separation Support (“PSS”) is financial support awarded by the court to cover a dependent spouses reasonable living expenses during the separation period.
North Carolina law requires a married couple live separate and apart for a minimum of twelve (12) months before a divorce can be granted. PSS can allow a spouse that was dependent upon the other spouse income (“dependent spouse”) to receive financial payments from the other spouse (“supporting spouse”) for living expenses during this time. The concept is to allow a spouse the ability to file for a divorce without fear of being dependent on the other spouse’s income.
PSS is a fact driven award, meaning the Court must evaluate the dependency classifications of the spouses, the income and ability to pay of the supporting spouse and the presence of certain factors, such as marital misconduct, to determine whether to make and award and what amount of an award should be made.
Alimony
Alimony is a similar to PSS, in that it is a financial award given to a dependent spouse for a time-period determined by the court following a divorce.
Alimony may be awarded to ensure a dependent spouse can maintain the standard of living they have become accustomed to during the marriage.
Alimony can also be punitive in nature; or designed as a form of financial punishment against a spouse for marital misconduct, such as engaging in an affair.
Alimony requires a similar process as PSS, including an initial determination of dependency classification and ability to pay. Alimony requires evaluating many additional factors to determine whether to issue an award and what amount of an award to issue.
Experienced Representation.
Both Post Separation Support and Alimony are fact driven, with each situation being unique. Many factors, such as acts of marital misconduct, or income inequalities must be considered. Our attorneys have the experience to guide you through every step of the process.