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Alimony and Post Separation

Post-separation support (PSS) and alimony are similar yet separate actions. Post-separation support is defined as spousal support to be paid until an order awarding or denying alimony is in place.

PSS involves a dependent spouse that substantially relies on the other spouse for support and maintenance. A post-separation support action is filed when the couple separates and lasts for the duration of the mandatory one-year separation period prior to filing for divorce.

In order to receive post-separation support, the dependent spouse must prove the following:

The parties were lawfully married
The party from whom the dependent spouse is seeking PSS is a supporting spouse
The dependent spouse has insufficient resources to meet their needs
The supporting spouse has the ability to pay PSS to the dependent spouse

Alimony, however, is an order for payment for the support and maintenance of a former spouse, periodically or in a lump sum, for either a specified or indefinite amount of time. The requirements the dependent spouse must meet in order to qualify for alimony payments are similar to those seeking post-separation support, and include:

The parties were lawfully married
The party seeking alimony is a dependent spouse
The party from whom the dependent spouse is seeking alimony is a supporting spouse
An order of alimony is equitable after considering the factors set forth in the statute, with those factors being the dependent spouse has insufficient resources to meet their needs and the supporting spouse has the ability to pay support to the dependent spouse

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If the dependent spouse has engaged in an affair involving illicit sexual activity with a third party prior to the date of separation, they will not be entitled to alimony. For more information regarding post separation support and alimony, contact the law offices of Capital to Coast NC Law Group today.

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