ALIMONY / POST SEPARATION SUPPORT (PSS) 

Alimony/Spousal Support
In North Carolina there are 2 different terms used to describe spousal support; post-separation support (PSS) and Alimony. Post-separation support is support from the date of separation until the entry of an absolute divorce. Upon entry of an absolute divorce, the support is named alimony.  
NC Gen. Stat. 50-16, provides that the court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors. 
NC Gen. Stat. 50-16, provides that in determining the amount and duration of any alimony aware,  the Court will consider the following factors: 
  • The marital misconduct of either of the spouses;

  • The relative earnings and earning capacities of the spouses;

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

  • 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;

  • The duration of the marriage;

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

  • 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;

  • The standard of living of the spouses established during the marriage;

  • 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;

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

  • The property brought to the marriage by either spouse;

  • The contribution of a spouse as homemaker;

  • The relative needs of the spouses;

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

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

  • 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.

Ware Law Firm, PLLC

100 Europa Drive 

Suite 401

Chapel Hill, NC 27517

info@warelawfirmpllc.com

Tel: 919-446-4218

Fax: 919-869-2927

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