What Does It Mean?
There are two ways a partner can benefit from spousal support; alimony and post-separation support. In post-separation support, financial assistance is paid after the separation date but before the divorce. So what is alimony? It’s the payment the supporting spouse makes to the former partner either periodically or in a lump sum after the divorce.
In North Carolina, spousal support is meant to be rehabilitative and not punitive. Greater emphasis is often placed on the condition of the spouses versus the misconduct.
What Are the Elements of Post-Separation Support?
For a spouse to receive post-separation support, they must prove the following;
- Prove he/she is a dependent spouse
- Prove that the other partner is the supporting partner
- Prove that he/she doesn’t have the financial means or resources to maintain their standard of living
- Prove that the supporting spouse can pay for financial support
Post-separation support is purely financial-based, and being guilty of illicit sexual behavior doesn’t stop one from getting a claim. The dependent partner can provide evidence of marital misconduct only if the supporting partner offers proof of marital misconduct.
What Are the Elements of Alimony?
For a partner to secure alimony, they must first prove the following;
- Show that they are a dependent spouse
- Show that the other partner is the supporting spouse.
- Alimony is equitable after all the factors outlined in the statute are considered.
Bear in mind that in the state of North Carolina, the dependent spouse is denied alimony if it’s proven that they have engaged in illicit sexual intercourse before the date of separation while the supporting spouse hasn’t had an illegal affair for that same period.
What Does the Law Consider When Calculating Alimony or Spousal Support?
- How long was your marriage?
- What expenses does each partner have?
- How much does each partner earn?
- What is the professional and educational background of the spouses?
- Do both partners have a history of working outside the home?
- What type of lifestyle did the spouses enjoy while married?
- Does one partner need vocational or educational training to enter employment?
- Did one partner have an illicit affair?
- What is the age and overall health of both partners?
- What is the financial capacity of the custodial parent?
- Did one partner squander marital assets leaving fewer assets for both spouses to share?
The answers to these questions will have a tremendous impact on how the judge will rule on whether to order alimony or post-separation support. Partners can choose to accept voluntary alimony agreement or waive spousal support altogether. Therefore, it’s crucial to consult an experienced Monroe NC Alimony, Post-Separation Support & Spousal Support attorney for guidance, and skillful legal counsel. At Perry, Bundy, Plyler & Long, LLP, we are committed to be with you at every step of the way. Get in touch with us today!
With over 110 years of combined legal experience, you can trust your case with us.
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