The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support.

There are two types of spousal support in North Carolina:

1. Post‑separation support (PSS) is temporary financial support paid after separation and while an alimony claim is pending. If the parties are unable to agree on an amount of PSS or the supporting spouse refuses to provide financial support to the spouse in need, a spouse who needs financial support from the other spouse must request PSS from the Court. Typically, PSS continues until the parties reach an agreed upon resolution of the alimony claim or the Court rules on the spouse's alimony claim. If the parties are unable to agree on an appropriate PSS award (typically a fixed amount paid monthly), the Court may award PSS based solely on the parties' respective financial affidavits, discussed in more below, or the Court may conduct a hearing (review financial documents and take testimony from witnesses) before making a decision on PSS.
2. Alimony is financial support that continues for a period of months or years into the future. If the parties are unable to reach an agreement regarding an alimony claim, the Court will consider relevant testimony and other evidence in the context of an alimony hearing. If the North Carolina court is asked to make a decision on equitable distribution (i.e., property division) and alimony, it is not uncommon for the Court to first rule on equitable distribution issues and then make a decision on the alimony claim.

Who is eligible for Post-Separation Support and Alimony in North Carolina?

To be eligible for PSS and/or alimony, the spouse seeking PSS or alimony must show that they are a "dependent spouse" and that the other spouse is a "supporting spouse."

• A "dependent spouse" is a spouse who is currently unable to financially meet his or her own needs without the support of the other spouse or will be unable to maintain his or her accustomed standard of living, established prior to the date of separation, without financial contribution from the other spouse. 

• A "supporting spouse" is a spouse from whom a dependent spouse was relying upon to meet their needs during the marriage or is in need of support to currently meet their needs. 

How will marital misconduct impact spousal support?

We cannot discuss your eligibility for spousal support without mentioning "illicit sexual behavior." Committing "illicit sexual behavior" with a third party during the marriage and before the date of separation will have significant implications on your alimony case. On the other hand, for post-separation support, a court is able to use its discretion to determine whether to award PSS. Illicit sexual behavior includes almost every sexual act you can think of.

• If a dependent spouse has committed acts of "illicit sexual behavior" during the marriage and prior to the date of separation, and the supporting spouse has not, then the dependent spouse is completely barred from receiving alimony.
• If the supporting spouse has committed illicit sexual behavior, but the dependent spouse has not, then the court must require the supporting spouse to pay some amount of alimony.
• If both spouses have committed illicit sexual behavior, then the Court can award alimony at its discretion.

There are other acts of marital misconduct, as that term is defined in N.C. Gen. Stat. 50-16.1A that can have an impact on your spousal support case, but none have the same mandatory implications as illicit sexual behavior.

With this basic understanding of PSS and alimony, let's review several steps you can take to prepare for your post-separation support and alimony case.

Set reasonable expectations.

The amount and duration of PSS and alimony awarded in a case depends on various factors. The main factors are (1) the standard of living enjoyed by the parties on the date of separation, and (2) the length of the marriage.

We look at the lifestyle the parties enjoyed during the marriage – the neighborhoods they lived in, the vacations they took, savings and investment habits, etc. While the court will look to your standard of living established prior to the date of separation to determine an appropriate amount of spousal support, the Court must still find that the supporting spouse has the ability to pay the amount of spousal support requested by the dependent spouse. Generally, after the date of separation, a supporting spouse still earns the same amount of money as he or she did during the marriage, but you are now living in two separate households and with two separate sets of expenses.

The concept of supporting two households on the same income presents a unique dilemma for the litigants and the court.  Except in cases involving very high-income spouses, it is impossible for a court to maintain, after separation, an identical standard of living to what was enjoyed during the marriage. The money must exist to provide for both households.

A supporting spouse must also set reasonable expectations, including how much a dependent spouse is actually able to earn immediately after separation and in the coming years. For example, a stay-at-home parent may need some time and job training to re-enter the workforce. In some jurisdictions, a court may find that a spouse who has been out of the workforce for twenty years doesn’t have the ability to earn income sufficient to support themselves, depending on their age.

We also look to the length of the marriage to assist us in determining an appropriate duration for the payment of spousal support. Generally speaking, the longer the marriage, the longer the period of alimony payments. Short-term marriages (lasting under five years) usually see the shortest duration of alimony payments.

Consider your court.

Setting reasonable expectations also means considering typical support orders rendered in your geographic region.

While the law remains the same throughout North Carolina, ultimately, the amount of spousal support awarded by a court, if any, is discretionary and varies between judges and districts.

Unlike for child support, there is no calculator or formula used to determine your potential post-separation support or alimony award, thus consultation with an experienced family law attorney is helpful in determining the amount of support that may be awarded.

Prepare a financial affidavit.

Regardless of whether you are a dependent or supporting spouse, your attorney will likely ask you to fill out a financial affidavit detailing your income and expenses (including expenses for minor children). A financial affidavit is basically a budget that will be used to determine your need for PSS and alimony or your ability to pay.

It is important to be as accurate as possible and capture all of your expenses by reviewing past bills, bank statements, credit card statements, and cash spending. Expenses such as utilities and food should be averaged over a period of time, usually one to three years, depending on the circumstances of your case.

Your financial affidavit should also include savings and investment contributions if you customarily contributed to these accounts during the marriage. The financial affidavit is not a wish list, but it should include all of your current and customary expenses.

It is equally important to notify your attorney of any expenses that you may incur in the future but that are currently covered by your spouse or a third party. Examples may include the imminent need for a vehicle, your own health insurance policy, or a place to live if you are temporarily living with a relative (including all expenses associated with maintaining separate housing). Financial affidavits vary by county and judicial district.

Seek employment, job training, or education.

Depending on your age, education, employment history throughout your life and during the marriage, and the ages of any minor children, a court may determine that you have the ability to be gainfully employed, and the court may expect you to seek employment.

For those who are able-bodied, working age, and capable of being employed, start inquiring into any necessary job training or educational programs that may help you secure gainful employment, including the cost of these programs, and discuss these options with your attorney.

With some exceptions, it is usually advisable to secure some sort of employment as soon as possible, as a court may impute income to a spouse if the court finds that a spouse is earning below their earning capacity in bad faith or in disregard of their duty to self-support. "Imputing income" is the court's process of assigning income to you based on your earning potential, regardless of the amount you are actually earning. This is determined on a case-by-case basis and should be discussed with your attorney prior to taking action.

Maintain current earnings if employed.

When a supporting or dependent spouse attempts to change careers, deliberately fails to apply himself or herself to his or her business or employment, or intentionally depresses his or her income in an effort to avoid paying spousal support, a court may impute income to that spouse.

Any career change or employment change should be discussed with your attorney in advance. You should also be prepared to defend any decrease in your income occurring near or subsequent to the date of separation. This isn’t to say that you cannot change jobs or start a business during a divorce, but it is advisable to discuss life changes that will result in a change in your income with your attorney.

Seek support when necessary.

Many of our clients come to us with little experience managing finances and investments. In some cases, you may want to consider hiring a financial planner or a Certified Divorce Financial Analyst (CDFA) to help you with short and long-term financial planning, to help you with investment strategies, and tax consequences and tailor a financial plan to help you maintain and preserve your portion of the marital estate that will be distributed to you in the divorce process.

Ward and Smith's family law attorneys are located in offices throughout the state, from the eastern coast to Western North Carolina, providing the benefit of both state-wide and regional experience to help you tailor your PSS and alimony case according to your jurisdiction. We recognize that moving forward with your life beyond divorce begins with a strong financial footing, and we are here to advocate for you, whether you are going to be receiving financial support or defending against a spousal support claim.

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© 2025 Ward and Smith, P.A. For further information regarding the issues described above, please contact William S. Durr or Melody J. King.

This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.

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