What Is The Difference Between Post Separation Support & Alimony In North Carolina?

In North Carolina, Post Separation Support is spousal support payable to a dependant spouse until a date specified by a court order, or a future court order awarding or denying Alimony. Post Separation Support is provided to a dependant spouse for the purpose of allowing him or her to maintain the standard of living that he or she has grown accustomed to during the course of marriage and until a trial for Alimony occurs in North Carolina.

An individual who is denied Post Separation Support is still entitled to a hearing on Alimony, and may provide additional evidence for the trial court to consider. After a hearing for Post Separation Support is heard, or prior to trial for Alimony, both parties will be required to attend a form of Alternative Dispute Resolution, which will take place in the form of Mediation or a Judicial Settlement Conference. If the parties are unable to settle during Mediation or a Judicial Settlement Conference, a trial for Alimony will then be scheduled.

During trial for Alimony, a judge will hear evidence presented by both parties pertaining to whether or not a party should be entitled to Alimony. If the party seeking Alimony successfully pleads his or her case, they will be entitled to either a lump sum payment or a number of payments, which is usually awarded in monthly increments.