Post-Separation support and Alimony are basically the same thing – support for one’s spouse. 

The difference is that post-separation support is intended to be for the period of separation until the absolute divorce (or until a pending alimony claim is heard, if that happens after the divorce occurs), and alimony is support after you are divorced for some period of time.  The standard is essentially the same for both, with a few nuances.  Post-Separation support is temporary in nature, so a hearing on this issue is abbreviated and generally limited to one hour (30 minutes per side) for all information to be presented.

First, there must be a dependent and supporting spouse relationship between the parties.  The party looking for support must be a “dependent spouse,” meaning a “husband or wife who is actually 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.”  The other party must be a “supporting spouse,” meaning a husband or wife upon whom the other spouse is actually substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support.

Now I know all that sounds like just a bunch of words.  Practically speaking, we are looking for a scenario where one party has either no income, or income that is not sufficient to pay for their reasonable monthly expenses both at the time of their separation and at the time of the hearing for post-separation support and/or alimony; and where the other party makes enough money to pay for their own reasonable monthly expenses and help support the other party, both at the time of their separation and at the time of the hearing for post-separation support and/or alimony.

This analysis involves both parties executing financial affidavits that list all of their sources of income and all of their reasonable monthly expenses.  You will want to start determining any and all of your expenses, whether they occur monthly, quarterly, yearly or whenever throughout the year.  This is anything and everything you spend money on during a year.  The judge will ultimately determine what expenses are “reasonable.”  The Court can only give the dependent spouse the amount that the dependent spouse needs based on the difference between the dependent spouse’s reasonable monthly needs and their net income from all sources (think employment, child support already paid, etc.), and the Court generally cannot make the supporting spouse pay more than they can afford to pay after they have paid their taxes, other reasonable income deductions, child support and all of their own other reasonable monthly expenses. 

In a Post-Separation Support hearing, if the person who is alleged to be a supporting spouse does not want to raise the issue of marital misconduct, then the dependent spouse is not allowed to raise the issue either and it will just be a financial hearing.  If the supporting spouse wishes for the Court to hear about the alleged misconduct of the dependent spouse, then the door is open for the dependent spouse to raise those issues as well.  In an Alimony trial, both sides are free raise these issues for the Court to consider in their discretion.  Marital misconduct by either party is one of a host of factors that the Court can consider in determining the amount and duration of alimony, or whether to award alimony at all (with the notable exception of Illicit Sexual Behavior, which has specific implications in an Alimony case).  Some judges weigh marital misconduct substantially, and others seem to take more of the position that unless the misconduct is egregious, both spouses have tended treated each other poorly in every divorce case and we just need to move on from that.  It is also important to note that each judge’s overall…let’s call it, generosity, when it comes to spousal support, can differ dramatically.  The factors the Court is required to consider in determining an Alimony award are (N.C.G.S. 50-16.3A):

1.     The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation;

2.     The relative earnings and earning capacities of the spouses;

3.     The ages and the physical, mental, and emotional conditions of the spouses;

4.     The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;

5.     The duration of the marriage;

6.     The contribution by one spouse to the education, training, or increased earning power of the other spouse;

7.     The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;

8.     The standard of living of the spouses established during the marriage;

9.     The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;

10.  The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;

11.  The property brought to the marriage by either spouse;

12.  The contribution of a spouse as homemaker;

13.  The relative needs of the spouses;

14.  The federal, State, and local tax ramifications of the alimony award;

15.  Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

16.  The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property.

This type of case involves a lot invoices, account statements, bank records, etc.  So, you should start gathering these documents now so that you can convincingly prove your monthly expenses in all areas where some documentation exists.  Ideally, I would have you come to our initial consultation with a good grasp of what these expenses are, regardless of whether you anticipate that you may be a supporting or dependent spouse.