How Does The Court Decide?

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:

1. The social and economical standard of living that the family unit has become accustomed to during the years prior to separation;
2. The present earnings and prospective earning capacity, as well as any other condition, including health and child support, of either spouse during the date of the hearing;
3. The reasonable expenses of the party seeking Post Separation Support or Alimony in North Carolina in relation to the family unit’s accustomed standard of living and whether or not the spouse seeking Post Separation Support or Alimony has demonstrated a need for financial assistance from the other spouse to maintain the family’s standard of living;
4. Considering the financial worth and estate of both parties to the action and whether or not the spouse seeking Alimony has an estate that is sufficient to maintain himself or herself in his or her accustomed standard of living without depleting his or her current estate;
5. A court must then consider other relevant factors to each particular case.

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) 332-5858 today.