The Law of 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 a party may receive or is obligated to pay support, the Court first determines whether one spouse is “Dependent” and the other spouse “Supporting”. According to the statute, a “Dependent” spouse ”is a spouse, whether husband or wife, who is actually substantially dependent upon the
other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.” A “Supporting” spouse, on the other hand, is a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support.” Once the Court determines that there is a “Dependent” and “Supporting” spouse, the judge must find that the “Supporting” spouse has the ability to pay support to the “Dependent” spouse and that the “Dependent” spouse does not have the ability to meet his or her needs.

In determining spousal support, the court has discretion in considering marital misconduct as an element in determining alimony. The North Carolina Legislature has defined what marital misconduct encompasses. See Our Spousal Support Category in our blog for detailed information about issues surrounding a court’s award of alimony.

We will thoroughly discuss with you the law of post-separation support and alimony and help you determine whether you are eligible to receive support or obligated to pay support

.