In North Carolina, there are two ways that spousal support can be awarded – alimony and postseparation support. Alimony and postseparation support are similar, but have important legal differences.
Postseparation support is a temporary court ordered payment from a supporting spouse to a dependent spouse before a determination of alimony. A dependent spouse is entitled to postseparation support if the court determines that the resources of the dependent spouse are not sufficient to meet his/her needs and the supporting spouse has the ability to pay.
It is important to know that illicit sexual behavior is not a bar to post separation support, as this form of support is primarily financially based.
Alimony is a more permanent order that is paid periodically or in a lump sum, for a specified or an indefinite term. In North Carolina, a dependent spouse is completely barred from alimony if he or she has been involved in illicit sexual behavior before the separation and the supporting spouse hasn’t. Other types of marital misconduct are also heavily weighed in an alimony case. To read more about what marital misconduct is, click here!
If you are interested in learning more about a potential claim for post separation support or alimony following your separation, contact our office to set up a consult with our experienced Raleigh divorce lawyer.