North Carolina Temporary Alimony Attorneys
In most circumstances, North Carolina couples must live separate and apart — that is to say, in different households — for a year before a divorce can be granted. As a result, one party often finds himself or herself in need of financial support typically while the North Carolina divorce is pending, especially if the other party is the breadwinner, or earns most of the family’s income. For this reason, North Carolina law provides for post-separation support or temporary alimony.
Post-separation support, also known as temporary alimony, is considered rehabilitative. That means that its purpose is to help support a party while that person acquires the education, skill, or experience to become self-supporting, or at least until there is a decision on ongoing alimony. Post-separation support or temporary alimony is intended to be for a limited time. Many people in North Carolina who receive this temporary alimony or post-separation support may also receive an award of alimony when the divorce is granted, but an award of post-separation support does not guarantee that alimony will be awarded.
How Post-Separation Support is Awarded
In North Carolina, parties can agree to post-separation support in an out of court separation agreement, or one party can petition the court for post-separation support or temporary alimony.
In order for the court to grant post-separation support, a dependent spouse must allege that he or she lacks the financial resources to meet his or her reasonable needs. The court must make a factual finding on this issue, based on most of the same factors it considers when awarding alimony. While the party asking for temporary alimony must offer some proof of need, and the party who would pay alimony but offer some proof of ability to pay. In most counties, including Mecklenburg County, both spouses are required to provide a financial affidavit and verified pleading that supports his and her positions. In addition, the court will accept oral testimony on the matter.
Under certain circumstances, post-separation support ends automatically.
Smart, Compassionate North Carolina Family Law Attorneys Will Assist with Your Temporary Alimony Matter
The Charlotte based family law attorneys at Sodoma Law know that facing divorce in North Carolina is stressful enough without worrying if you will have enough money to support yourself. Regardless of whether you will be receiving post-separation support or providing post-separation support, we can help answer your questions and address your concerns, giving you the information and guidance you need to move forward through the separation and divorce process in North Carolina..
Just as with alimony, a post-separation support or temporary alimony award is based on a number of factors, some subjective. It’s always best to get advice from an experienced Charlotte family law attorney. The North Carolina divorce attorneys at Sodoma Law devote a majority of their practice to family law matters, including matters related to post separation support or temporary alimony, and can offer you the well-informed advice that you need.
The family law attorneys at Sodoma Law work with both dependent and supporting spouses in Charlotte, Mecklenburg County, and throughout western North Carolina. We look forward to answering your temporary alimony questions, and invite you to contact us.
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