Post separation support enables the financially dependent spouse to meet his or her reasonable needs, pending an alimony award or denial. The court must consider many economic factors, such as financial needs of the dependent spouse and the supporting spouse’s ability to pay. The court’s award is based on the financial needs of the parties, considering the marital standard of living, the present employment income and other recurring earnings of either spouse, income earning abilities, other support obligations,A post separation support order or alimony award can be terminated if the parties resume marital relations, the dependent spouse remarries or cohabits with another adult in private relationship, or if the dependent or supporting spouse dies. Marital misconduct plays an important role in the denial or award of postseparation support and/or alimony.
Alimony is denied to the dependent spouse if there is any evidence of “illicit sexual behavior” during the marriage and prior to or on the date of separation. If the supporting spouse engaged in “illicit sexual behavior” during the marriage and prior to or on the date of separation, the court shall award that alimony be paid to the dependent spouse. For postseparation support, the judge must consider marital misconduct of the dependent spouse. Illicit sexual behavior is defined in North Carolina as acts of sexual or deviate sexual intercourse voluntarily engaged in by a spouse with someone other than the other spouse. A defense to a claim that one spouse engaged in illicit sexual behavior may exist; therefore, consultation with an attorney is vital.
To get the information that you need, please schedule an initial consultation today at my Asheville office. Contact Hooks Law, P.C. online or by calling 828-333-2630.