In North Carolina a dependent spouse can receive financial support from the supporting spouse. A dependent spouse is defined as “a spouse, whether husband or wife, who is 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.”
Post separation support is financial support that is temporary in nature and only lasts until alimony is either awarded or denied. The purpose of post separation support is to financially support the dependent spouse once the parties have separated. Alimony, like post separation support can be agreed upon by the parties though separation agreement or consent order. If an agreement is not reached, a court will determine the amount and duration of the support if a spouse is entitled to alimony. The dependent spouse must show that his or her resources are not adequate to support his or her reasonable needs and that the supporting spouse is financially able to pay. The only complete bar to alimony is if the supporting spouse can prove the dependent spouses engaged in illicit sexual behavior and the supporting spouse has not committed marital misconduct.
Before you sign a separation agreement or any other agreement concerning alimony, contact us and we will ensure you understand what you may be entitled to as support.