Post Separation Support

Separation and divorce frequently create the need for financial adjustments from both the husband and wife. Oftentimes financial assistance is needed immediately after separation and before the divorce or determination of alimony. When this is the case, post-separation support can be invaluable to ensure the basic comfort and survival of the less financially stable spouse.

Unlike child support, post separation support and alimony are not determined by worksheets or North Carolina guidelines. As such, these matters require a significant level of skill and expertise. Post separation support is based on the financial needs of the parties considering the present income, standard of living, incomes of both parties, debt obligations of both parties, and legal obligations to support any other person(s). Unlike alimony, post separation support is primarily financially based and marital misconduct will not act as a bar to the claim.

Post separation support is generally temporary. Post separation support can be granted at the first hearing after the complaint and remain in place until alimony is set. Post separation support will be awarded to the spouse that earned less during the marriage if the court determines the lesser earning spouse does not have the means to support their reasonable needs.

Getting the amount of post separation support you deserve requires attention to detail and diligence. It may entail the evaluation of complex assets, locating hidden accounts and assets, and interpreting large amounts of financial data. . If you are separating from your spouse and believe you are entitled to financial support, we may be able to help.