Disposition of a Postseparation Support Claim
A party’s PSS claim is determined before the merits of his or her actual alimony claim are adjudicated. Consequently, the threshold for a spouse to be awarded PSS is much lower than alimony.
Finances are usually at the forefront of a PSS claim. In determining whether a spouse should be awarded PSS, a judge will consider each party’s financial situation, including his or her income, expenses, earning ability, standard of living, and obligation to support others. PSS may be awarded based upon a relatively brief examination of the parties’ financial conditions rather than the broad and in-depth analysis that occurs when an alimony claim is being determined. In some situations, PSS payments may be in the form of payments made to third parties for the dependent spouse’s benefit. This is more likely to occur when the supporting spouse has account authority to pay such expenses, such as auto or health insurance or cell phone service.
In deciding whether to award post-separation support, and in deciding the amount of PSS to be awarded, the judge is required to consider marital misconduct by the dependent spouse that occurred during the marriage. When the judge considers such acts by the dependent spouse, the judge is also required to consider any marital misconduct by the supporting spouse.
If you are a dependent spouse seeking support, or a supporting spouse defending against a claim for spousal support, the family law attorneys at Hopper Cummings can help. We can provide you with a candid assessment of the merits of your case, discuss options that are available, and ensure that your legal rights and interests are protected. We are committed to achieving client satisfaction through effective advocacy, and prompt and personalized client service.
Call us today at 919-533-4115, or complete our online form for a confidential consultation with one of our family law attorneys.
