It is imperative that you consider whether you may be entitled to post-separation support or alimony from your spouse since it may be vital to your ability to subsist throughout the divorce process and years to come. A divorce may cause you to be faced with unexpected financial hardships and career changes. Ensuring that you have a regular source of revenue to survive financially is extremely important.
Similarly, if your spouse is in the process of seeking PSS or alimony from you, it is important that you speak with a raleigh alimony attorney regarding your legal obligations to support him or her as well as any possible defenses to minimize or bar these claims. Judges have a significant amount of discretion in deciding whether to award PSS or alimony and in determining what the appropriate amount and duration of the award should be. If an court order issued against you ordering you to pay a specific amount, it could potentially affect your ability to pay your bills and maintain your accustomed lifestyle.
With that said, a spouse may be entitled to receive spousal support or post-separation support (PSS) if : (1) he or she is the dependent spouse; (2) the other spouse is the supporting spouse; (3) the dependent spouse has unmet needs; and (4) the supporting spouse has the ability to pay. PSS is a temporary form of alimony and is paid until a more permanent award of alimony is issued or some other act terminates the PSS obligation.
In deciding whether to award alimony, the court determines if he or she is dependent spouse and the other spouse is the supporting spouse as is the PSS determination. However, the court considers 16 different factors in determining whether an award of alimony is equitable.
PSS and alimony claims are subject to certain defenses such as martial misconduct which can serve to minimize or bar the claims respectively. It is imperative that you speak with a raleigh alimony attorney to help you consider whether you may be entitled to PSS or alimony from your spouse. It may be vital to your ability to subsist throughout the divorce process and during the years to come.
Call us now at (919) 851-0001 so that we personally assess your case and determine your legal rights and obligations.