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Spousal Support

The Law of Spousal Support

Apr 17, 2012 in Spousal Support

Post-separation support (PSS) is defined as spousal support to be paid until the earlier of either the date specified in the order of post-separation support, or an order awarding or denying alimony. Whereas alimony is defined as an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term. Unlike child support, PSS and Alimony calculations are not based on a formula or guidelines. In that regard, Judges have a great deal of discretion in determining whether support is awarded, as well as the amount, duration and manner of payment of the award of support. In determining whether...

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Factors of Marital Misconduct

Mar 4, 2012 in Spousal Support

In determining whether or not an award for alimony will be made, the Court may consider “marital misconduct” of the parties. According to North Carolina General Statute 50-16-1A, “marital misconduct” means any of the following acts that occur during the marriage and prior to or on the date of separation: Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14‑27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse; Involuntary separation of the spouses in consequence of a criminal...

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