Am I A Dependant Or Supporting Spouse?

In North Carolina, Post Separation Support and/or Alimony is awarded after a hearing occurs in district court. The party seeking Post Separation Support and/or Alimony must prove that he or she is a Dependant Spouse, the other Spouse is a Supporting Spouse, and the Supporting Spouse has the ability to pay after the two have separated.

NC General Statutes define a Dependant Spouse as a spouse, husband or wife, who is actually substantially dependant upon the support of the other spouse for his or her maintenance or support or is substantially in need of maintenance and support from the other spouse. In Williams v. Williams, the North Carolina Supreme Court listed the initial principels that the trial court should follow in determining when a spouse is a dependant spouse and if Post Separation Support and/or Alimony should be paid by a Supporting Spouse.

The Supreme Court of NC stated that the income and expenses of the family as a unit must be evaluated, and if the evaluation of the family’s income and expenses reveal that one spouse is without the means to maintain his or her accustomed standard of living, then that spouse is actually substantially dependant, and deemed to be a dependant spouse.

If the comparison above does not show that the spouse is actually substantially dependant, the trial court must then determine if the spouse is substantially in need of maintenance or support by determining the following:

Once a Court reviews evidence under this analysis, it may then make a determination as to whether an individual is entitled to an award of Post Separation Support or Alimony. If you think you are entitled to Post Separation Support and Alimony, or are in need of counsel to defend a claim for Post Separation Support or Alimony, contact the Law Offices of David P. Sheehan at (704) 222-4752 today.