Post Seperation Support And Alimony

The purpose of post separation support is to enable the dependent spouse to meet his or her reasonable needs. In supporting a claim for post separation support, complainant must also allege that he or she does not have the financial resources to meet those reasonable needs. In ordering post separation support, the court is required to consider a number of economic factors, including the financial needs of both parties, the parties' accustomed standard of living, the present employment income and other recurring earnings of each party from any source, the parties' income-earning abilities, the separate and marital debt service obligations of each party, those expenses reasonably necessary to support each of the parties, and each party's respective legal obligations to support any other persons.

Application for post separation support may be heard at any time by a judge of the district court having jurisdiction over the matter. The judge finds the facts from evidence presented upon affidavit, verified pleading, or some other proof.

In most cases, the issues of whether post separation support is to be paid and if so, how much to be paid, are resolved through negotiations and settlement between attorneys and their clients.

An order of post separation support will terminate, pursuant to the applicable statute, if (1) the parties resume marital relations; (2) the dependent spouse remarries; (3) the dependent spouse cohabits with another adult in a private heterosexual or homosexual relationship; (4) the dependent spouse dies; or (5) the supporting spouse dies.

Alimony means payments for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the supporting spouse to the dependent spouse. 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.

The amount of alimony can vary widely. Alimony is to be paid in such amount as the circumstances render necessary, having due regard to the factors considered by the courts. When the dependent spouse has committed acts of illicit sexual behavior, the supporting spouse is not required to pay any alimony at all. If however, the supporting spouse has also committed acts of illicit sexual behavior then the court is permitted to award alimony. If only the supporting spouse has committed such acts then the court must award alimony.

Alimony is paid by a supporting spouse to a dependent spouse when the court deems it necessary after considering the sixteen statutory factors. It is important to remember that regardless of whether alimony is arranged by agreement or ordered by a court, it is taxable to the recipient spouse and tax deductible to the payor spouse. An award of alimony may include, in addition to a sum of money in lump sum and/or periodic payments, transfer of title or possession of personal property and an interest in property, a security interest in or possession of real property. Both periodic and lump sum payments may be for a limited, specified term. In fixing the amount of alimony, the court must consider all the factors enumerated in G.S. 50-16.3A (b): "The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term."