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.
