Understanding Post-Separation Support
Post-Separation Support (PSS) is a form of temporary financial assistance that one spouse may be required to pay to the other during the period between separation and the finalization of divorce. This support aims to ensure that the dependent spouse can maintain a standard of living similar to what they had during the marriage.
Eligibility: To be eligible for PSS, the requesting spouse (the dependent spouse) must demonstrate financial need and that the other spouse (the supporting spouse) has the ability to pay.
Factors Considered: The court will consider factors such as:
- The financial needs and resources of both parties.
- The standard of living during the marriage.
- The length of the marriage.
- The earning capacities of both spouses.
- Contributions as a homemaker.
- Other factors the court deems relevant.
- The present income of the parties.
- They may consider marital misconduct as well.
Understanding Alimony
Alimony is a more permanent form of financial support paid by one spouse to the other after the divorce is finalized. Unlike PSS, alimony is designed to provide long-term financial assistance. It may be ordered for a specific period of time (generally half the length of the marriage) but it can also be ordered for an indefinite period of time or until a specific event occurs, such as remarriage or death.
Factors Considered: North Carolina courts consider various factors when determining alimony, including:
- Marital misconduct by either spouse.
- The relative earnings and earning capacities of the spouses.
- Ages and the physical, mental, and emotional conditions of the spouses.
- The amount and sources of earned and unearned income of both spouses.
- The duration of the marriage.
- The contribution of one spouse to the education, training, or increased earning power of the other.
- The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by serving as the custodian of a minor child.
- The standard of living established during the marriage.
- The education of each spouse and the time necessary to acquire sufficient education or training to enable the spouse to find employment to meet his or her reasonable economic needs.
- The relative assets and liabilities of the spouses.
- The property brought to the marriage by either spouse.
- The contribution of a spouse as a homemaker.
- The relative needs of the spouses.
- The tax ramifications of alimony.
- Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
Process of Obtaining PSS and Alimony
- Filing a Claim: The dependent spouse must file a claim for PSS and/or alimony as part of the divorce proceedings.
- Court Hearing: Both spouses will present evidence regarding their financial situations, marital misconduct, and other relevant factors.
- Court Decision: Based on the evidence, the court will determine the amount and duration of PSS and/or alimony.
- Separation Agreement/Mediation. If you want to avoid court altogether, support can be agreed to through a separation agreement.
Modifying or Terminating Alimony
Alimony can be modified or terminated under certain circumstances:
- Change in Circumstances: Either party can request a modification if there is a substantial change in financial circumstances.
- Remarriage or Cohabitation: Alimony typically ends if the recipient spouse remarries or cohabitates with another adult in a romantic relationship.
- Death: Alimony obligations end upon the death of either spouse.
Navigating post-separation support and alimony can be complex, but understanding the basics can help you make informed decisions. If you have specific questions or need personalized assistance, consulting with an experienced family law attorney can provide the guidance and representation you need.
For further assistance and to schedule a consultation, contact us at 919-906-8988.