Spousal support is one of the most important aspects of a separation or divorce settlement. Commonly referred to as alimony, spousal support is actually divided into two distinct categories under North Carolina law.
The two potential claims for spousal support in North Carolina are post-separation support, for the period after the parties separate, and alimony, for the period after the parties divorce.
Post-separation support is a temporary agreement to help provide a dependent spouse with financial support until a final order of alimony is determined by the court. In order to be awarded post-separation support, the spouse pursuing a post-separation support claim must demonstrate that:
- he or she is the “dependent spouse;”
- their spouse is the “supporting spouse;”
- the resources of the dependent spouse are inadequate to meet his or her needs;
- and, the supporting spouse has the means to pay post-separation support.
Alimony provides a dependent spouse with financial support for a specified period of time, until the dependent spouse’s cohabitation, remarriage or the death of either party. A North Carolina judge will determine whether a spouse is entitled to alimony according to 16 factors in N.C. Gen. Stat §50-16.3A, or the parties can resolve this claim by agreement.
While alimony is primarily based on need, marital misconduct is also often a factor in determining both post-separation support and alimony claims. If the supporting spouse can provide evidence of illicit sexual conduct committed by the dependent spouse during the marriage prior to separation, the dependent spouse can be barred from receiving alimony.
Contact an Alimony Attorney in Greensboro, N.C.
Do you have questions on whether you or your spouse have a viable post-separation support or alimony claim? Would you like to discuss potential alimony claims or possible defenses to alimony claims with experienced alimony attorneys in Greensboro, NC?
Call Johnson-Parris Law today at (336) 221-3335!