Post-Separation Support & Alimony
When one spouse makes significantly more than the other, the spouse making less may be entitled to financial support. Numerous factors are involved in determining whether a spouse is entitled to support, how much that support should be and how long support should continue.
Post-separation support is the support received by a spouse after the date of separation and before an absolute divorce is granted and is temporary. North Carolina General Statute § 50‑16.2A governs the factors that a Court can consider. Marital misconduct is a factor that the Court can consider when choosing to award support.
Alimony is support given from one spouse to another to continue after the date of absolute divorce. North Carolina General Statutes § 50‑16.3A governs the factors that the Court can consider. Proven illicit sexual behavior, as defined in § 50‑16.1A(3)a will prevent the award of alimony to the guilty party.
Because the law is broad and the facts are varied, having an attorney is essential to maintaining a solid financial future. Make sure that your attorney understands your financial needs and knows as many facts as possible regarding your marriage. These will be important in preparing your case, whether it is to be settled or resolved in Court. If you need legal help in Franklin County or the surrounding counties, Ms. McCray would be glad to meet with you to discuss your options.
Click here to contact attorney Gena McCray or call us at (919) 497-0091 for more information.
DOCUMENTS YOU SHOULD GATHER
Below is a list of some documents that you should gather to help your lawyer represent you. These need to be organized by type of document and by date (chronological order). If there is something in the documents of particular importance, put a post-it note on it (or some other way of marking it without writing on the document itself).
- Pay stubs, statements, vouchers and/or direct deposit receipts;
- Employee benefit statements;
- Stock and stock option statements;
- W-2’s, 1099’s, K-1’s and other income reporting statements;
- If a party is self-employed, partner, shareholder or member of an LLC, corporation or other entity; company financial statements for the past three (3) years and through the date of production;
- Federal and state individual and company tax return(s), including all schedules and attachments (W-2 forms, 1099 forms, etc.) for the past three (3) years.
- Documents pertaining to health, life (term or whole life), casualty, automobile and liability insurance, including, but not limited to, policies, booklets describing benefits of all medical, dental or other health insurance coverage which is or could be available for a child or spouse;
- Statements evidencing all accounts in banks, credit unions, brokerage accounts and other financial institutions for which the party has been a signatory;
- Complete statements for all installment and credit card accounts;
- Bills, statements, invoices, mortgage payment booklets or other evidence of all outstanding debts, which show the principal balance currently owed and the payment terms;
- Personal financial statements furnished to any third party (i.e., bank, other financial institutions) during the previous two (2) years
- Computer generated reports or data (or which can be generated) utilizing personal accounting software programs such as Quicken or Microsoft Money including reports showing: income, expenses, profit and loss, deposits and withdrawals.