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Post Separation Support
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King & Rowe Attorneys at Law is a reliable legal service provider specializing in post separation support. Our focus is to provide our clients with support and guidance throughout the legal process. We are committed to achieving the best possible outcome for our clients, and we are here to help you every step of the way.
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Post-Separation Support or PSS in North Carolina
Post-Separation Support (PSS) is a temporary type of alimony or financial support. It is defined as spousal support that is to be paid until the earlier of either the date specified in the PSS order, or an order awarding or denying alimony. In order to qualify for PSS, a party must prove:
1. The parties were lawfully married;
2. The party seeking PSS is a dependent spouse;
3. The party from whom he or she is seeking PSS is a supporting spouse;
4. The dependent spouse does not have the resources to meet his or her financial needs; and
5. The supporting spouse has the ability to pay the PSS.
In making a determination for PSS, the Court will base its decision on several factors including the financial needs of the parties, the standard of living to which the parties have become accustom, the parties' employment as well as their ability to produce income, separate and marital debt, reasonable expenses, and any obligations owed to third parties. The purpose behind PSS is to allow and enable the dependent spouse to meet his or her reasonable needs and burdens until a permanent decision is reached.
An important note regarding PSS is that a judge shall consider marital misconduct when he or she is determining such an award. According to N.C.G.S. 50-16.2A, "A judge shall consider marital misconduct by the dependent spouse occurring prior to or on the date of separation in deciding whether to award post separation support and in decking the amount of post separation support. When the judge considers these acts by the dependent spouse, the judge shall also consider any marital misconduct by the supporting spouse in deciding whether to award post separation support and in deciding the amount of post separation support."
An order for PSS will terminate, in accordance with the above statute, when and if:
1. The parties resume marital relations;
2. The dependent spouse remarries or cohabitants; or
3. Either the dependent or supporting spouse dies.
An attorney at King & Rowe, PLLC will be happy to discuss your options involving the intricacies of Post-Separation Support.
Contact us today 828-466-3858.