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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

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Post Separation Support

If you have a divorce matter that involves post separation support in Wake County, North Carolina, Attorney David Schiller can represent you during the process.

Post separation support is essentially temporary alimony. Post separation support is designed to sustain the economically dependent spouse through the one year separation period before the parties can file a claim for absolute divorce and until the Court has heard the parties’ claims for property division (equitable distribution) of the property and alimony. An award of post separation support automatically stops when the court awards permanent alimony.

Post separation support can be negotiated and agreed to using a separation agreement. If the parties cannot agree, then the claim for post separation support is submitted to a judge.

Post separation support can be awarded to a spouse who is “substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.” If one spouse is not economically dependent, the court will not award post separation support.

The amount awarded is based on financial factors such as available income, existing legal obligations such as child support, realistic needs of the parties, and the accustomed standard of living during the marriage. Unlike alimony, marital misconduct (such as infidelity) is not a bar to post separation support, but it is a consideration that the judge takes into account in deciding whether and how much post separation support to award the dependent spouse.

Contact Attorney Schiller

Attorney David Schiller practices family law in Wake County — divorce, child custody and support, alimony, post-separation support, separation, pre-nuptial agreements, name changes, and appeals.

You are welcome to contact us regarding your family law issue.

To schedule a consultation to discuss a family law issue, please telephone us at (919) 789-4677 or complete the contact form below.

Family Law Contact

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Family Law

  • Absolute Divorce
  • Alimony
  • Family Law Appeals
  • Child Custody
  • Child Support
  • Domestic Violence
  • Mediation
  • Name Changes
  • Post Separation Support
  • Premarital Agreements
  • Property Division
  • Separation Agreements
  • Alienation of Affections

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Our Office

Our office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

Contact Us

We invite you to contact us by telephone, (919) 789-4677, to discuss your needs and learn more about how we might be able to help you. We also have contact forms for family law, general employment law, and State employees.
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Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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