MONROE NC FAMILY LAW
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Temporary Alimony in NC

§ 50-16.2A.  Postseparation support.

(a)        In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for postseparation support. The verified pleading, verified motion, or affidavit of the moving party shall set forth the factual basis for the relief requested.

(b)        In ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and other recurring earnings of each party from any source, their income-earning abilities, the separate and marital debt service obligations, those expenses reasonably necessary to support each of the parties, and each party's respective legal obligations to support any other persons.

(c)        Except when subsection (d) of this section applies, a dependent spouse is entitled to an award of postseparation support if, based on consideration of the factors specified in subsection (b) of this section, the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay.

(d)       At a hearing on postseparation support, the judge shall consider marital misconduct by the dependent spouse occurring prior to or on the date of separation in deciding whether to award postseparation support and in deciding the amount of postseparation 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 postseparation support and in deciding the amount of postseparation support.

(e)        Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation. (1995, c. 319, s. 2.)

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  • Home
  • NC Laws
    • Divorce >
      • Divorce from bed and board
      • Divorce based on insanity
      • Resumption of maiden name
    • Child Custody >
      • Attorney fees for Child Custody
      • Modification of Child Custody
    • Child Support >
      • Child Support Enforcement Agency
      • Attorney fees for Child Support
      • Modification of Child Support
    • Property Distribution >
      • Retirement Distribution
      • Sanctions for Delay of Property Division
    • Spousal Support >
      • Postseparation Support >
        • Attorney fees for Postseparation Support
        • Modification of Postseparation Support
      • Alimony >
        • Attorney fees for Alimony
        • Modification of Alimony
    • Separation Agreements
    • Domestic Violence
  • Union County Local Rules
    • Emergency Custody
    • Custody Mediation
    • Temporary Custody
    • Child Support
    • Property Distribution
    • Spousal Support
    • Union County Local Forms
    • Courthouse info
  • Contact