How Courts Determine Post-separation Support in NC
What Is Post Separation in North Carolina?
In the state of North Carolina, married couples are required under law to live separately for one full year before being able to file for divorce. During the couple's time apart, spouses may not be able to financially support themselves if they were financially dependent on the other spouse. Post-separation support allows the dependent spouse to receive financial support during this time until the married couple is legally divorced.
Post-separation support matters may become tricky if the dependent spouse requests the support but the other spouse rejects the request. A reputable post-separation lawyer will be able to help support and guide you so that you can receive the monetary support that you are rightfully eligible to receive. Contact our team of post-separation attorneys in North Carolina to schedule a free consultation. We have been helping individuals resolve legal family law matters for decades. Our team is available to answer any questions that you may have about post-separation and divorce matters in the state of North Carolina.
Understanding Procedure for Support Orders in NC
During a hearing held to determine post-separation support, the judge will consider numerous factors in determining whether to award support and in what amount. Essentially, the judge will need to see evidence that shows the dependent spouse cannot meet his or her needs and that the supporting spouse has the means to pay.
The following factors may be considered when determining post-separation support:
- Whether either spouse engaged in marital misconduct during the marriage
- The financial needs, earnings, potential earnings, and expenses of each spouse
- Each spouse’s obligation to support other persons, if any
- The standard of living that was experienced during the marriage
- The current employment income
- Each individual's income-earning abilities
Are You Eligible For Post-separation Support in NC?
Under North Carolina Statutes § 50-16.2A, one spouse may pursue support from the other while they are separated prior to divorce. While a divorce is pending, this post-separation support can provide a dependent spouse with the means to make ends meet.
If you have questions about whether you may be entitled to receive or are required to pay post-separation support, I can help. I have served the Huntersville, NC community for over a decade as a divorce attorney and board-certified family law specialist, and I can help you understand your rights and responsibilities as they apply to this type of alimony.
Protecting Your Interests & Rights
As a Huntersville attorney with experience handling post-separation support hearings, mediation, and all types of divorce and family law matters, I can offer valuable help during this challenging time. I know how to build compelling cases for my clients, showing their need for support or even disproving an unnecessary or exaggerated claim for support. On either side, I take the time to understand my client’s unique situation and needs so I can work toward an equitable resolution.
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Contact my office today to find out more about post-separation support and how it may impact you.
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