At Mercogliano & Associates, PA, we understand that separation and divorce create financial problems for most couples. It is more expensive to support two households than one. If one spouse earns considerably more than the other, and the spouse with the lower income cannot meet his or her financial obligations, post-separation support or alimony may be an appropriate remedy.
North Carolina law provides for two types of spousal support: (1) Alimony; and Post-Separation Support. Post-separation support is temporary and generally terminates upon entry of a divorce decree. It is meant to meet the short-term financial needs of a dependent spouse. Alimony, on the other hand, is meant to provide the dependent spouse with financial compensation over a longer period of time and generally extends after the divorce is final.
It is within the discretion of the judge to determine the appropriate amount of post-separation support and/or alimony to award. While determination of post-separation support and alimony is largely based on financial considerations, the court can consider marital misconduct, such as adultery, in calculating both the duration and amount of the spousal support. Alimony and post-separation support claims also require financial affidavits from both spouses detailing their expenses and financial obligations.
If you are in a deteriorating marriage, and you foresee having difficulty managing your financial responsibilities upon separation or divorce, contact Mercogliano & Associates, your neighborhood attorneys, today. It is important to establish your rights to spousal support before your divorce is final. We primarily serve residents of Wake and Harnett counties in Fuquay-Varina, Garner, Holly Springs, Willow Spring, Raleigh, Lillington, Coats, Angier, Dunn and the surrounding areas.