§ 50-16.2A. Postseparation support. - North Carolina Statutes

§ 50‑16.2A. Postseparation support.

(a)        In an actionbrought pursuant to Chapter 50 of the General Statutes, either party may movefor postseparation support. The verified pleading, verified motion, oraffidavit of the moving party shall set forth the factual basis for the reliefrequested.

(b)        In orderingpostseparation support, the court shall base its award on the financial needsof the parties, considering the parties' accustomed standard of living, thepresent employment income and other recurring earnings of each party from anysource, their income‑earning abilities, the separate and marital debtservice obligations, those expenses reasonably necessary to support each of theparties, and each party's respective legal obligations to support any other persons.

(c)        Except whensubsection (d) of this section applies, a dependent spouse is entitled to anaward of postseparation support if, based on consideration of the factorsspecified in subsection (b) of this section, the court finds that the resourcesof the dependent spouse are not adequate to meet his or her reasonable needsand the supporting spouse has the ability to pay.

(d)        At a hearing onpostseparation support, the judge shall consider marital misconduct by thedependent spouse occurring prior to or on the date of separation in decidingwhether to award postseparation support and in deciding the amount ofpostseparation support. When the judge considers these acts by the dependentspouse, the judge shall also consider any marital misconduct by the supportingspouse in deciding whether to award postseparation support and in deciding theamount of postseparation support.

(e)        Nothing hereinshall prevent a court from considering incidents of post date‑of‑separationmarital misconduct as corroborating evidence supporting other evidence thatmarital misconduct occurred during the marriage and prior to date ofseparation. (1995,c. 319, s. 2.)