If you’re considering separating from your spouse, things can get quite overwhelming–especially when financial support becomes a central issue. You may be wondering if you qualify for separation support or alimony in North Carolina. The short answer is–it depends. But don’t worry, our North Carolina family law attorneys are here to help you better understand the spousal support that applies to certain situations.
What Is Post-Separation Support?
Post-separation support, also called “separation support,” is a temporary form of spousal support awarded to a dependent spouse after separation while the divorce process is finalized. Separation support offers a significant lifeline to a spouse with lower income or resources as compared with the other spouse, enabling them to maintain financial stability during the divorce transition before alimony can be determined.
Key Features of Post-Separation Support
The key features of post-separation support are:
- Timing – support is awarded after separation before the divorce is finalized, and ends once a final decision on alimony is made.
- Needs-based – the court will evaluate the dependent spouse’s financial needs, income, and ability to support themselves and any children in their custody.
- Temporary – separation support is designed to be a short-term financial bridge that ends once the divorce is finalized.
Let’s look at a real-life example of what this might look like. Tom and Sally have two children and Sally has been working full-time while Tom attends school part-time and takes care of the kids. The strain is too much for their marriage to handle, so they decide to separate. Tom, as the dependent spouse, may struggle to make ends meet without Sally’s income, so he applies for separation support so he can meet his basic living expenses during the divorce process. If granted, Sally would have to pay Tom’s post-separation support.
What Is Alimony?
Alimony is a longer-term financial tool to help a dependent spouse after their divorce is finalized. The goal of alimony is to address financial disparities between the spouses once the marriage is over and enable the dependent spouse to maintain a standard of living similar to what they experienced during the marriage.
The court will consider a variety of factors when making a decision to award alimony, including things like:
- Length of marriage
- Each spouse’s earning capacity and financial resources
- Each spouse’s contributions to the marriage, like childcare, or supporting a spouse’s career
- The standard of living for each spouse during marriage
- Any marital misconduct
Depending on the circumstances, alimony may be awarded on a short-term (rehabilitative) or long-term (permanent) basis.
Key Features of Alimony
The key features of alimony include:
- Timing – alimony is awarded after the divorce is final
- Duration – can be short-term or permanent
- Needs-based – like post-separation support, alimony is based on need
If we look at the scenario with Tom and Sally, it comes to light that Tom was carrying on an affair while Sally was at work. A court may look at this marital misconduct and may decide on a lower monthly alimony award to Tom, or they may decide to make the award temporary instead of long-term. It’s even possible that they deny Tom’s alimony altogether.
Talk to an Experienced North Carolina Spousal Support Attorney
If you’re considering a separation or divorce in North Carolina and are worried about spousal support, you don’t have to navigate this alone. Contact our office today to speak with our team about what you can expect during this transition in your life.
