Post Separation Support and Alimony: What is the Difference?

Divorce can be an emotional and complicated process, especially when it comes to issues like spousal support. In North Carolina, there are two types of spousal support: Alimony and Post Separation Support. Although they may seem similar, there are key differences between the two.

Alimony

Alimony is a payment made by one spouse to the other after a divorce. It is designed to help the receiving spouse maintain the same standard of living they had during the marriage. Alimony can be awarded to either spouse, depending on their financial situation and needs. It can be paid over a period of time or in one lump sum, and it can be temporary or permanent.

Alimony paid in periodic payments can be modified due to changes in circumstances, such as losing a job or accepting a higher-paying job. If alimony is awarded before the division of marital property, either spouse can request to reevaluate the alimony award once the property division is final. This is important when a house needs to be sold or there are significant investments that may produce income or losses in the near future.

Learn more about Alimony in North Carolina.

Post Separation Support

Post Separation Support is a temporary form of spousal support paid after the spouses have separated but before the divorce is final. It is intended to help the dependent spouse meet their immediate financial needs while they work towards becoming financially independent. Post Separation Support is typically awarded for a shorter period than alimony and may be modified as circumstances change.

North Carolina law defines a "dependent spouse" as 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." (N.C.G.S. § Sec. 50-16.1A.)

Factors Determining Spousal Support

It is important to note that North Carolina law does not provide a formula for calculating spousal support. The amount and duration of payments vary depending on the specific circumstances of each case. Both alimony and Post Separation Support are determined by several factors, including:

• Length of the marriage

• Income and earning potential of each spouse

• Standard of living during the marriage

In North Carolina, if a court finds that the supporting spouse engaged in "illicit sexual behavior," it will automatically award alimony to the dependent spouse. "Illicit sexual behavior" is defined as "acts of sexual or deviate sexual intercourse" voluntarily engaged in with someone other than the other spouse. (N.C.G.S. § 50-16.3A)

Conclusion

Alimony and Post Separation Support are both forms of spousal support, but they differ in purpose, duration, and timing. If you are going through a divorce in North Carolina and have questions about spousal support, contact Jetton & Meredith, PLLC to speak with an experienced family law attorney who can help you understand your rights and options.

Call 704-931-5535 to set up a consultation.