Post-separation support and alimony are financial tools to assist a dependent spouse to meet their financial needs at the end of a marriage. Both post-separation support and alimony are based upon:
- the financial need of the dependent spouse; and
- the ability of the supporting spouse to pay financial support.
Post-separation support is designed to be an interim measure, and is not intended to give the dependent spouse the financial standard of living that he or she enjoyed during the marriage. On the other hand, alimony is intended to place the dependent spouse in a position close to the financial position that existed during the marriage.
These issues can be addressed through a separation agreement, or through litigation in court. If there is litigation in court, there are attorney fee provisions which may be paid by the supporting spouse.
Marital misconduct (adultery) is an absolute defense to alimony in North Carolina. However, it is not an absolute bar to the payment of post-separation support.
Alimony may end if one of the following events occurs:
- Death of the Supporting Spouse
- Death of the Dependent Spouse
- Remarriage of the Dependent Spouse
- Cohabitation of the Dependent Spouse
- End of the specified period of alimony as agreed to in the separation agreement or determined by the court
- Change in circumstances as determined by the court
It is necessary to gather extensive financial information to evaluate claims for alimony. This documentation includes:
- Paystubs/Pay Advices
- Tax Returns
- Financial Affidavits
- Details regarding monthly financial expenses
It is very helpful to gather this documentation to evaluate spousal support claims in separation agreements, so you can make an informed decision whether it is better to negotiate the claim in a separation agreement, or have the claim decided in litigation if the amount or duration of alimony cannot be resolved.
Mr. Levy has extensive experience representing both men and women, dependent spouses and supporting spouses in post-separation support and alimony cases. Mr. Levy provides zealous representation to work toward a favorable out-of court resolution regarding spousal support, and is also prepared to advocate his client's interests in court.
For a detailed evaluation of your case, please call Levy Law Offices for an initial consultation. There is a $220.00 fee for the initial consultation. Levy Law Offices represents individuals in child custody and child support cases on an hourly basis, which is currently $220.00 per hour.