Charlotte Divorce Lawyer Blog
Am I Eligible for Post-Separation Support?
When you prepare for divorce in North Carolina, you may find that you are unable to meet your financial needs during this time. Couples must live apart, and this may create some stress over money issues. One person may remain in the marital home while the other moves to a different residence. Both parties need to be able to pay their bills while they move forward towards ending their marriage. A spouse may need to seek support from the other during this transitional period.
What is Post-Separation Support?
Post-separation support (PSS) is a type of temporary financial support that one spouse pays the other during the period of separation. North Carolina law requires couples seeking a divorce to live apart for a period of one full year before they can move forward. During this time, one spouse may need money from the other for typical living expenses. This type of support is designed to provide one spouse with money only during the separation period. If permanent support is needed, it is to be addressed as part of the divorce.
What Factors Affect Post-Separation Support?
Financial need is the most important factor when determining post-separation support. Couples must typically try to come to an agreement regarding PSS outside of court. If couples do not agree, the court will review the situation to make a determination. You must prove that you are the dependent spouse and the other party is the supporting spouse. The most important factors that will determine PSS are the length of the marriage and the standard of living that both spouses enjoyed during the marriage. Marital misconduct during the marriage could play a role in support. The judge has discretion when determining PSS.
How Do I Request Support?
If you want to seek post-separation support, you will need to file a complaint with the clerk of courts in your jurisdiction. As part of the filing, you must submit a supporting financial affidavit. Before you file, prepare by gathering the financial data to prove your need. Include all your current and regular expenses. After you file, your spouse will be served with papers. The court will set a hearing date, which both parties will attend.
Keep in mind that you and your spouse will now be paying for two households with the same income, so you may not receive as much as you would like. While you are requesting support, do not change your living habits and be sure to maintain your current employment. If you are not employed, begin taking steps to gain employment. When possible, work out payment details with your spouse to make the case easier and less acrimonious. Remember that both you and your spouse may need to adjust your expectations during this period and beyond. This is just a temporary order and will only be in place until the divorce is settled.
If you are going through a separation or divorce, you do not need to go it alone. Call us at Arnold & Smith, PLLC, at (608) 784-8310 to discuss your separation and divorce needs in a consultation with our experienced legal team.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/marital_misconduct
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https://www.freeimages.com/photo/wad-of-cash-in-money-clip-1947283
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