Post separation support is a temporary claim available to folks who cannot afford to pay their bills without financial assistance from their spouse.
If you separate from your spouse and can’t pay your monthly expenses, you could be entitled to spousal support.
Alternatively, if you separate from your spouse and he or she relies on your income to pay bills, it’s important to understand your exposure to a spousal support obligation.
Unless the parties agree to a voluntary spousal support amount, the party seeking spousal support must file a lawsuit in court. In Wake County, the local rules require a hearing for a claim for post separation support be set for a court date so long as the claim has been properly filed.
The party filing the claim is the moving party and is required to serve copies of his or her financial disclosures on the other party. Such disclosures demonstrate income (or lack thereof), monthly expenditures and debts. The other party is also required to exchange his or her financial disclosures.
For the court to order post separation support, the court must make findings of fact as to each party’s gross income, each party’s reasonable monthly expenses, whether the moving party is actually in need of support, and that the non moving party has the ability to pay support.
