These two claims are related to each other: post-separation support is paid before divorce, and alimony is paid afterward.
Dependent and Supporting Spouses
A person is entitled to post-separation support if they are a “dependent spouse” within the meaning of the statute, and if the other party is a “supporting spouse.” A “dependent spouse” is, unsurprisingly, one who is dependent on the other spouse for the marital standard of living. Conversely, the supporting spouse is one whose wages provide for the marital standard of living. Although the classic post-separation support situation is one where one spouse has been a homemaker or a stay-at-home parent, it could also be appropriate in a case where both spouses work, but there is a large discrepancy in the two incomes.
No Formula in North Carolina
There is no formula for post-separation support and alimony. In theory, the dependent spouse is entitled to maintain the marital standard of living after separation. In reality, of course, because the same income is now supporting two households, that is not possible, and post-separation support and alimony are governed by the supporting spouse’s ability to pay. The dependent spouse tallies up the expenses reflected by the marital standard of living, then calculates their income to reveal the shortfall. The supporting spouse calculates their current living expenses, subtracted from their wages, to reveal the amount they are able to pay.
Duration of Alimony
The next factor to be decided is the duration of alimony. In a very long-term marriage, with a completely dependent spouse who is unlikely to be very employable, an award of permanent alimony might be appropriate. In a shorter-term marriage, especially between younger people, alimony is more likely to be characterized as “rehabilitative” i.e., designed to allow time for the dependent spouse to get on their feet. The rule of thumb most lawyers use is that alimony should last half as long as the duration of the marriage.
Separation Agreements
As with everything else, the best way to handle alimony and post-separation support is through a negotiated separation and property settlement agreement. This will give you some control over the outcome and ideally will result in an agreement you are happy (enough) with. If negotiations fall apart, these claims can be brought in court and heard by a judge, who will make the determination of whether to award alimony, how much the award will be, and how long it will last.