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Quick Facts on Post-Separation Support & Alimony
Post-Separation Support (PSS) is defined as spousal support to be paid until the earlier of either the date specified in the order of post-separation support, or an order awarding or denying alimony.
PSS replaces the previous term "temporary alimony."
In order to receive PSS, one must prove:
PSS is primarily financially based and illicit sexual behavior does not act as a bar to the claim.
Dependent spouse can only provide evidence of marital misconduct if, and after, the supporting spouse provides evidence of marital misconduct.
Cohabitation is an absolute bar to PSS claims.
Alimony is defined as an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term.
In order to receive alimony, one must prove:
Dependent spouse is not entitled to alimony if she has engaged in illicit sexual behavior prior to the parties date of separation and the supporting spouse has not
Alimony terminates at the earlier of the following:
The amount of the alimony award is in the complete discretion of the trial judge.
A jury may be involved in an alimony claim only for the purpose of determining whether marital misconduct has occurred.
Award of alimony may also include medical insurance coverage for the dependent spouse.
Award of alimony is taxable to the party receiving and tax deductible to the party paying it.
Attorney's fees may be awarded to the party receiving PSS and/or alimony.
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North Carolina is an equitable distribution state. There shall be an equal division by using net value of marital property and net value of divisible property unless the court determines that an equal division is not equitable.
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