Q. What is the difference between post-separation support and
alimony?
A. Post-separation support is essentially "temporary alimony." It is
based on a spouse's immediate need for income from the other
spouse to meet their reasonable living expenses in the immediate
aftermath of a separation. In order to qualify for post-separation
support, a spouse must establish that he or she is actually or
substantially dependent on income from the other spouse to meet his
or her needs and that the other spouse has the ability to provide some
support after consideration of his or her immediate needs. An order
for post-separation support will terminate when an alimony order is
entered.
Alimony is generally a longer-term form of support and is based on
factors that go beyond being a dependent spouse, although that is
still a minimal requirement for eligibility. Health, lifestyle, the length of
the marriage, work history and other factors are considered when
determining what amount of alimony if any should be paid and for
how long.
Q. How are post-separation support and alimony determined?
A. There are no guidelines for alimony in North Carolina. As a result, an
experienced attorney must become familiar with how judges in
various jurisdictions typically resolve post-separation support and
alimony issues. As stated before, there are a number of statutory
factors that courts consider in alimony cases and some judges are
likely to weigh them differently than others.
A person who has engaged in illicit sexual conduct is barred from
receiving alimony or post-separation support even if they are
financially dependent provided that the other spouse did not engage
in such conduct.
Similarly, a person who is dependent is entitled to post-separation
support and alimony if the other spouse can provide the support AND
has engaged in illicit sexual conduct.
Otherwise, the amount and duration of post-separation support and
alimony is discretionary (meaning it is up to the judge whether to
award any amount at all) if there is dependency.
Q. Can alimony be modified later?
A. Alimony can be modified IF it is in a court order and if the party
asking for the modification can show that a change of circumstances
has occurred that affects the need of one party to receive alimony or
the ability of the other party to pay alimony.
Also, alimony terminates if the party receiving the alimony remarries,
dies, or begins living with a person of the opposite sex in a romantic
relationship.
Alimony that is contained in a separation agreement only is not
modifiable unless the agreement contains provisions for modification.
Call The Spagnola Law Firm today or inquire online to schedule a
consultation.
Frequently Asked Questions About
Alimony and Post Separation Support
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The Spagnola Law FIrm in Greensboro, North Carolina, represents clients
throughout the Piedmont Triad area, also including Gibsonville, High Point, Jamestown,
Oak Ridge, Pleasant Garden, Sedalia, Winston-Salem, Asheboro, Liberty, Whitsett,
Kernersville, Reidsville, Eden and Randleman in Guilford County,
Rockingham County, Randolph County and Alamance County.