Post-Separation Support in NC – North Carolina law provides dependent spouses with two different forms of spousal support. People are more familiar with term “alimony,” which refers to a court order for a periodic payment or lump sum payment being made to a dependent spouse. Post-separation support (PSS) is temporary in nature and when it is ordered, it expires upon the occurrence of one of the following events:
- The entry of an order granting or denying alimony;
- Upon the death of either of the parties;
- Upon the remarriage of the dependent spouse;
- Upon the resumption of marital relations between the dependent and supporting spouse; or
- The dependent spouse begins to cohabit with another person they are in a relationship with.
What are Some Other Key Differences Between Alimony and PSS?
North Carolina law provides the courts with discretion in considering the role of marital misconduct when making a decision on whether to grant a dependent spouse post-separation support. Although it doesn’t make sense to reward a cheating spouse for their infidelity, North Carolina law has recognized that a dependent spouse cannot be financially abandoned until a permanent alimony decision is made. This is why marital misconduct is a factor that is considered in an alimony hearing.
What Other Factors are Considered by the Court in an Alimony Hearing?
As described in North Carolina’s alimony statute, there are sixteen different factors that are considered by the court in order to determine if an award of alimony is appropriate. Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We invite your inquiries.
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