“Two can live as cheaply as one,” according to the old saying. But when two spouses are no longer sharing a household, their expenses go up and one spouse may need financial support from the other.

Because North Carolina requires that spouses live separate and apart for a year before divorce, there are two types of spousal support. The first is post-separation support. As the name suggests, this is financial support paid after the parties separate and before there is a determination on alimony. Alimony is “permanent” spousal support.

Connell & Gelb represents clients in matters involving post-separation support and alimony. With decades of experience in North Carolina family law, Michelle Connell and Wes Gelb are skilled in the favorable resolution of spousal support matters.

Spousal Support in North Carolina

Spouses may agree that one will pay the other post-separation support and/or alimony. If spouses are unable to reach an agreement, the court will decide whether a support award is appropriate.

Post-Separation Support

Post-separation support is based on the financial situation of the parties, including the need of the dependent spouse and the ability of the supporting spouse to pay. The court will consider, among other things, such factors as the parties’ accustomed standard of living, how much each spouse currently earns from employment and other sources, the health of the parties, the need for one party to care primarily for the children, and each spouse’s reasonable living expenses.

The burden of proving the need for, and amount of, support falls on the spouse who is seeking post-separation support. If the spouse seeking support can prove need, the other spouse may still be able to avoid paying support if he or she can show a financial inability to do so.

Alimony

As with post-separation support, a court determining whether or not to award alimony must consider whether the “dependent” spouse requesting support has established need, the reasonable needs of the dependent spouse, and whether the “supporting” spouse has the ability to pay alimony. The decision of whether to award alimony, how much, and for how long, is based on consideration of the following factors:

• Marital misconduct of either spouse
• The relative earnings and earning capacities of the spouses
• The spouses’ ages and physical, mental, and emotional conditions
• The amount and sources of any unearned income
• The duration of the marriage
• One spouse’s contribution to the education, training, or increased earning power of the other
• How serving as a custodian of a minor child will affect one spouse’s earning power or finances
• The standard of living established during the marriage
• The relative education of the spouses, and how long it would take one spouse to become able to find work that supported their reasonable economic needs
• The relative assets and liabilities of the spouses, including support obligations
• The property either spouse brought to the marriage
• The contribution to the marriage of one spouse as homemaker
• The spouses’ relative needs
• The tax ramifications of the alimony award
• Any other relevant factor regarding the spouses’ economic circumstances
• The fact that the court previously considered income received by either spouse in determining an asset subject to equitable distribution.

Support calculations, for both post-separation support and alimony, are within the court’s discretion and depend heavily on the evidence before the court. An award of alimony may have a profound financial impact on both the supporting spouse and the dependent spouse for years after the divorce is final, and the quality of one’s legal representation factors heavily into the amount and duration of that award.

North Carolina courts may consider marital misconduct by the dependent spouse prior to the couple’s date of separation when deciding whether to award support. With post-separation support, if the court takes into account the dependent spouse’s misconduct, it will consider any reported misconduct by the supporting spouse as well. The law explicitly permits courts to consider post-separation misconduct as corroborating evidence of marital misconduct prior to separation. There are various types of marital misconduct, but the most common focus is extramarital sexual relations during the marriage. If the dependant spouse has had sex with a third party during the marriage, that is a bar to receiving alimony. If the supporting spouse has had sex with a third party during the marriage, then some amount of alimony is required. If both parties have had extramarital sex during the marriage, then the court has discretion to award alimony.

Experienced Representation for Alimony and Post-Separation Support.

Whether one is seeking alimony or concerned about paying it, it is essential to work with attorneys who are experienced, detail-oriented, and understand the information relevant to courts in making these determinations.

An attorney who is prepared to litigate the issues of post-separation support and alimony is also well-positioned to negotiate a favorable settlement on these matters. Board-certified family law attorneys Michelle Connell and Wes Gelb are effective negotiators and skilled litigators who meticulously prepare every case. They have extensive experience with complicated support matters, including those in high net worth marriages, and modification or enforcement of support awards.

To learn more about post-separation support and alimony in a North Carolina divorce, contact Connell & Gelb to schedule a consultation.