Can You Receive Alimony Before Your Divorce is Final?
If you know your marriage is over, you may be wrestling with how you will separate from your spouse and still pay your bills. The good news is that you can receive alimony before your divorce is final – or even filed. Here’s how pre-divorce spousal support works, and who may be eligible to receive it.
Who Can Receive Alimony Before a Divorce is Final?
Not everyone is eligible to receive alimony (called spousal support in North Carolina) before their divorce is final. Both men and women are eligible. However, there are several requirements you must meet before you can receive pre-divorce support:
- That the parties were legally married (cohabiting partners do not qualify)
- That the person is financially dependent on their spouse
- That the supporting spouse can pay support
- That the dependent spouse cannot meet their current living needs
Being “dependent” isn’t the same as being destitute. An employed would-be dependent spouse can sometimes receive alimony before a divorce is final if his or her own income is not enough to enjoy the same standard of living they are used to from the marriage.
There are also special rules around “illicit sexual behavior.” If you have had an affair or engaged in dviate sexual acts without your spouse’s consent, it will cut off your access to alimony as the dependent spouse. Supporting spouses who engage in “illicit sexual behavior” will be ordered to pay alimony to their dependent spouse unless he or she also was engaged in an affair.
How to Get Postseparation Support
Postseparation support is a form of alimony available to dependent spouses in North Carolina before your divorce is final. State law allows the parties to agree on an amount that the supporting spouse will pay to the dependent spouse periodically (such as by paycheck) during the period of separation. Most often, they are part of a separation agreement signed by the parties. These payments continue until a final judgment of absolute divorce is entered. It can include health insurance coverage, attorney fees and costs, and money to pay household expenses and food.
What If Your Spouse Won’t Agree to Pre-Divorce Alimony?
If you can’t come to an agreement about pre-divorce alimony, you can also file a complaint for “divorce from bed and board.” This legal separation, based on the other spouse’s fault, allows a North Carolina family court judge to award child support and spousal support, and make decisions on child custody. It can be a useful tool to get alimony before your divorce is final in high-conflict cases.
How Much Spousal Support Can You Expect to Receive?
Unlike child support, there is no standardized formula for pre-divorce spousal support or alimony in North Carolina law. Instead, the amount is based on what is fair to both parties based on several factors. The variable nature of spousal support amounts means that you and your family law attorney will need to prepare a clear picture of your financial circumstances, so that the other party, their attorney, and the judge can understand what you will need to be self-sufficient.
What Happens to Postseparation Support When the Absolute Divorce is Entered?
Postseparation support only continues until the judge signs the Judgment of Absolute Divorce. If you receive alimony before your divorce is final, it could run out when the judgment is entered. However, other forms of alimony provide support long after the relationship is over. Depending on your financial circumstances, a judge could order:
- Lump-sum alimony paid all at once or by transferring real or personal property to the dependent spouse
- Permanent alimony paid periodically until death, remarriage, or sometimes cohabitation
- Modifiable alimony, which can be adjusted in the future based on a change in circumstances
North Carolina does not specifically recognize short-term “rehabilitative” alimony, paid for a set period post-judgment. However, you and your spouse may be able to negotiate a form of permanent alimony that ends when:
- The dependent spouse completes college or retraining
- The dependent spouse obtains full-time employment
- The youngest child attending school full-time or graduating
Get Postseparation Support as a Dependent Spouse
At Cox Law Firm, we want to make sure you have the support you need to separate from a supporting spouse. Our divorce attorneys will help you negotiate or advocate for alimony before your divorce is final, and after. If you are ready to get started, please get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.