What is post-separation support?

Most people typically think of alimony when considering monetary support and divorce. However, if you rely on your spouse’s income, you may qualify for post-separation support. While alimony is monetary support that originates when the divorce decree is entered, post-separation support is monetary support during the divorce process. This process covers from separation to a divorce decree.  It is determined by several factors, including your financial needs and the standard of living you are accustomed to.

To convince the court to award post-separation support, your attorney will need to compile a great deal of information. This information will be used to prove your financial need to the court and allow the court to consider other factors affecting your support. These factors include marital infidelity, spousal misconduct, and your ability to live on your own. Additionally, your attorney will have to show how much money you and your spouse make, your earning potential, debts owed by you and your spouse, and any other obligations such as child support.

Be careful factoring post-separation support into your budget. A judge may not find it necessary or grant you as much as you expect. You should wait until the judge has made a decision with regard to post-separation support before budgeting around it.  Additionally, it is a good idea to consult an attorney when considering post-separation support. Your attorney has experience with these situations and can help understand the nuances of your case.

Dustin McCrary

Founder & Family Law Attorney, McCrary Pack

Dustin McCrary is a North Carolina divorce and family law attorney who has guided clients through divorce, child custody, and the financial complexities of separation since 2010. He is AV-Preeminent rated by Martindale-Hubbell, recognized by Super Lawyers Rising Stars and Business North Carolina’s Legal Elite, and a published author. He earned his law degree with honors, alongside an MBA, from North Carolina Central University. Dustin writes about the practical side of family law in North Carolina: what the process actually looks like, where families get stuck, and how to move forward with clarity and confidence.

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