The purpose of postseparation support is to enable the dependent spouse to meet his or her reasonable needs. In supporting a claim for postseparation support, complainant must also allege that he or she does not have the financial resources to meet those reasonable needs.
In ordering postseparation support, the court is required to consider a number of economic factors, including:
- the financial needs of both parties
- the parties’ accustomed standard of living
- the present employment income and other recurring earnings of each party from any source
- the parties’ income-earning abilities
- the separate and marital debt service obligations of each party
- those expenses reasonably necessary to support each of the parties
- and each party’s respective legal obligations to support any other persons.
The time of the application for postseparation support must have a reasonable nexus to the time of the order. In one North Carolina case, for instance, an order of retroactive temporary alimony (now called postseparation support) entered in 1987 was held to be in error, as the claim had been filed in 1984. The rationale of that case was that the dependent spouse could not have actually needed temporary support, since three years had gone by and the claim had not been prosecuted in a timely fashion.
Application for postseparation support may be heard at any time by a judge of the district court having jurisdiction over the matter. The judge finds the facts from evidence presented upon affidavit, verified pleading, or some other proof. In other words, if the court wishes, it does not have to conduct a full-blown trial in order to enter an award of postseparation support.
The court is not even required to hear oral testimony if it does not wish to do so. An order of postseparation support will terminate, pursuant to the applicable statute, if:
- the parties resume marital relations
- the dependent spouse remarries
- the dependent spouse cohabits with another adult in a private heterosexual or homosexual relationship
- the dependent spouse dies
- the supporting spouse dies.
