When spouses separate and divorce, a spouse may need financial support to maintain a household on their own. This situation often occurs when one spouse earns far less than the other spouse, is a homemaker during the marriage, or has far fewer resources than the other spouse.
Financial support can be one of the most contentious issues in a divorce case. Ensuring you are not overpaying your spouse or being underpaid by your spouse is crucial. An experienced divorce attorney will fight to obtain a fair outcome.
Our post separation support attorneys at Greene Wilson & Styron have extensive experience in family law matters. They have over 50 years of combined experience and a proven court record. Our legal is dedicated to resolving family issues in the best way possible for our clients.
Contact Greene Wilson & Styron to schedule a consultation with a North Carolina family law attorney to discuss your legal options and rights regarding post separation support.
How Greene Wilson & Styron Can Help You With a Claim for Post Separation Support in North Carolina
Separation and divorce impact all aspects of your life, including your financial well-being. Transitioning from two incomes to one income can be challenging. A spouse may need financial assistance until they can obtain the income and resources to support themselves.
However, spousal support is not guaranteed. Therefore, you need a skilled attorney to represent you in court.
When you hire our top-rated North Carolina family law attorneys, you can expect us to:
- Evaluate your case to determine whether post separation support is justified
- Explain your rights and how alimony laws apply in your case
- Analyze the factors in your case to support an argument for or against post separation support
- Determine the amount of your support obligation based on income and other factors
- Build a case for continued support after your divorce is final
- File motions and go to court to enforce support orders
- Utilize all resources to pursue a support claim
Our lawyers are highly ranked in Super Lawyers, The National Trial Lawyers Top 100, and Business North Carolina’s Legal Elite. We hold the highest rating with Martindale-Hubbell, its AV Preeminent rating for ethical standards and legal ability.
Call Greene Wilson & Styron to schedule a case evaluation with an experienced North Carolina family law attorney.
Post Separation Support vs. Alimony in a North Carolina Divorce Case
A spouse may receive both post separation support and alimony. However, the judge may grant post separation support and deny alimony or vice versa. The facts of the case determine the court’s decision.
Post Separation Support
Post separation support is allowed under North Carolina Statute §50-16.2A. It is paid while the divorce case is pending.
For a spouse to receive post separation support, they must prove:
- The spouses were legally married;
- The spouse seeking post separation support is financially dependent on the other spouse;
- The other spouse financially supported the family;
- The spouse seeking post separation support cannot meet their financial needs; and,
- The supporting spouse has the ability to pay post separation support.
Post separation support is designed to provide temporary, immediate financial support if needed. The court grants post separation support to help a spouse pay for their daily needs and living expenses.
The court considers numerous factors when deciding whether to award post separation support, including the duration of the marriage, the incomes and resources of the spouses, and the standard of living during the marriage. North Carolina has guidelines for calculating alimony, but there are no standard guidelines for determining the amount of post separation support.
Alimony or Spousal Support
Alimony or spousal support is financial assistance paid by a spouse to the other spouse after the divorce is finalized. The court may grant alimony because a spouse does not have the means to support themselves. The court may consider whether the spouse needs assistance in maintaining the standard of living the couple enjoyed during the marriage.
For a spouse to receive alimony, they must prove:
- They are substantially dependent on the other spouse for their support and maintenance; and,
- Awarding alimony is fair considering the factors of the case.
The court may grant temporary, rehabilitative, or permanent alimony. The type of alimony granted depends on many factors, including the duration of the marriage, marital misconduct, and each party’s resources and ability to earn income.
What Is the Difference Between Post Separation Support and Alimony in North Carolina?
Even though both terms refer to financial support paid by one spouse to another spouse, there are several key differences. The differences between post separation support and alimony include:
Timing
Post separation support is paid while the divorce is pending. It ends when the court issues a final divorce decree. Alimony begins with the final divorce decree if the judge grants alimony.
Eligibility
Post separation support and alimony have different criteria. Courts grant post separation support to address an immediate financial need. The court is not as interested in the length of the marriage. They are only concerned with ensuring a dependent spouse can pay their bills and expenses while the divorce case moves through the court.
Alimony is usually associated with long-term marriages or marriages where one spouse is the homemaker. It is often awarded when one spouse has significantly more income than the other spouse. The court may grant alimony to allow a spouse the time to obtain education, training, and skills to support themselves.
Duration
Post separation support ends when the court issues a final order, or the judge determines the spouse no longer needs support. Alimony can be permanent or temporary.
Modification
Post separation support is usually not easily modified during the divorce. However, alimony can be modified if a party shows a substantial change in circumstances impacting alimony payments.
Contact Our North Carolina Family Law Attorneys to Learn More About Support Payments After Separation
Receiving or paying the correct amount of spousal support is essential as you transition into single life. Our North Carolina family law attorneys at Greene Wilson & Styron can help. Call us to schedule a confidential consultation to learn more about the process of seeking support payments after separating from your spouse.