Post-separation Support
Definition
Postseparation Support ("PSS") is spousal support that is paid
until the earlier of any of the following:
a. The date specified in an order for PSS;
b. The entry of an order awarding or denying alimony;
c. The dismissal of the alimony claim;
d. The entry of a judgment of absolute divorce if no claim of
alimony is pending at the time of the entry of the judgment of
absolute divorce; or
e. Upon the termination of post-separation support as provided
by statute. An order for payment for the support and
maintenance of a spouse or former spouse.
A claim for PSS may be made in an action for divorce, for
annulment, or for alimony without divorce. If PSS is ordered
at the time of the entry of a judgment of divorce, a claim for
alimony must be pending at the time of the entry of the
judgment of divorce. If you have been sued for divorce, you
may have a claim for PSS. Contact Marie Mobley to discuss
your divorce or PSS case.
Qualifying for Postseparation Support
In order to qualify for PSS, the court will consider the financial
needs of you and your spouse. The court will base its award
on your accustomed standard of living, the present employment
income and other recurring earnings of you and your spouse
from any source, both of your income-earning abilities, your
separate and marital debt service obligations, the expenses
reasonably necessary to support each of you, and both of your
legal obligations to support other people.
If you are seeking PSS and there are no issues about your
marital misconduct, you are entitled to PSS if you are a
dependent spouse and the court finds that your resources are
not adequate to meet your reasonable needs and that your
spouse had the ability to pay.
Marital Misconduct
Marital misconduct is one of several factors the court considers
in determining whether and how much PSS to award. G.S.
50-16.1A(3) defines martial misconduct as any of the following
acts that occur during the marriage and prior to or on the date
of separation:
a. Illicit sexual behavior;
b. Involuntary separation of the spouses in consequence of a
criminal act committed prior to the proceeding in which alimony
is sought;
c. Abandonment of the other spouse;
d. Malicious turning out-of-doors of the other spouse;
e. Cruel or barbarous treatment endangering the life of the
other spouse;
f. Indignities rendering the condition of the other spouse
intolerable and life burdensome;
g. Reckless spending of the income either party, or the
destruction, waste, diversion, or concealment of assets;
h. Excessive use of alcohol or drugs so as to render the
condition of the other spouse intolerable and life burdensome;
i. Willful failure to provide necessary subsistence according to
one's means and condition so as to render the condition of the
other spouse intolerable and life burdensome.
Either spouse may request a jury trial on the issue of
marital misconduct.
At the PSS hearing, the judge shall consider marital misconduct
by the dependent spouse occurring prior to or on the date of
separation in deciding whether to award PSS and in deciding
the amount of PSS. When the judge considers these acts by
the dependent spouse, the judge shall also consider any marital
misconduct by the supporting spouse.
Attorney Fees
If a dependent spouse would be entitled to PSS, upon
application of such spouse, the court may enter an order for
reasonable counsel fees for the benefit of such spouse, to be
paid and secured by the supporting spouse in the same manner
as PSS.
Changing Postseparation Support Amount
An order for PSS that has been entered, whether contested or
entered by consent, may be modified or vacated at any time,
upon a motion in the cause and a showing of changed
circumstances by either party or anyone interested.
