(a) In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for postseparation support. The verified pleading, verified motion, or affidavit of the moving party shall set forth the factual basis for the relief requested.
(b) In ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and other recurring earnings of each party from any source, their income-earning abilities, the separate and marital debt service obligations, those expenses reasonably necessary to support each of the parties, and each party's respective legal obligations to support any other persons.
(c) Except when subsection (d) of this section applies, a dependent spouse is entitled to an award of postseparation support if, based on consideration of the factors specified in subsection (b) of this section, the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay.
(d) At a hearing on postseparation support, the judge shall consider marital misconduct by the dependent spouse occurring prior to or on the date of separation in deciding whether to award postseparation support and in deciding the amount of postseparation support. When the judge considers these acts by the dependent spouse, the judge shall also consider any marital misconduct by the supporting spouse in deciding whether to award postseparation support and in deciding the amount of postseparation support.
(e) Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation. (1995, c. 319, s. 2.)
§ 50-16.3: Repealed by Session Laws 1995, c. 319, s. 1.
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1999–2026 · leading case:
Wells v. Wells
Wells v. Wells (1999)
ncctapp · cites it 11×
“Moreover, as a noted authority in domestic relations law points out, given the “relative brevity” of the factors guiding PSS awards, see N.C.G.S. § 50-16.2A (1995), compared with the extensive list of fifteen factors governing the amount of an alimony award, see N.”
Nicks v. Nicks (2015)
ncctapp · cites it 5×
“Section 50-16.2A of our General Statutes provides that [i]n ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and other recurring earnings…”
Collins v. Collins (2015)
ncctapp · cites it 6×
“An award of post-separation support is governed by N.C. Gen.Stat. § 50-16.2A : (b) In ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and…”
Crocker v. Crocker (2008)
ncctapp · cites it 6×
“Therefore, we reverse the postseparation support order and remand the case to the trial court for findings of fact in accordance with N.C.G.S. § 50-16.2A. Next, wife argues that the trial court erred in entering its order of permanent alimony where it failed to make required…”
Patronelli v. Patronelli (2006)
nc · cites it 4×
“3A, or postseparation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees for the benefit of such spouse, to be paid and secured by the supporting spouse in the same manner as alimony.”
Carpenter v. Carpenter (2016)
ncctapp
“3A, or post-separation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees, to be paid and secured by the supporting spouse in the same manner as alimony.”
McKinney v. McKinney (2013)
ncctapp
“3A, or postseparation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees, to be paid and secured by the supporting spouse in the same manner as alimony.”
Langdon v. Langdon (2007)
ncctapp
“3A(a)-(b), differ from those for an award of postseparation support, § 50-16.2A(b)-(d). The district court’s order on 18 July 2005 awarding alimony thus did not “modify” any prior alimony order, but rather, by statute, terminated the existing temporary postseparation support.”
Friend-Novorska v. Novorska (2004)
ncctapp
“3A, or post-separation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees for the benefit of such spouse, to be paid and secured by the supporting spouse in the same manner as alimony.”
Patronelli v. Patronelli (2006)
ncctapp · cites it 2×
“3A, or postseparation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees for the benefit of such spouse, to be paid and secured by the *324 supporting spouse in the same manner as alimony.”
Baker v. Baker (2008)
ncctapp · cites it 6×
“Based upon a consideration of the factors in N.C.G.S. § 50-16.2A(b) and N.C.G.S. § 50-16.”
Zurosky v. Shaffer (2015)
ncctapp · cites it 2×
“4, post-separation support pursuant to N.C. Gen.Stat. § 50-16.2A, alimony pursuant to N.”
— N.C. Gen. Stat. § 50-16.2A(b) — 6 cases
Nicks v. Nicks (2015)
ncctapp
“Section 50-16.2A of our General Statutes provides that [i]n ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and other recurring earnings…”
Collins v. Collins (2015)
ncctapp
“An award of post-separation support is governed by N.C. Gen.Stat. § 50-16.2A : (b) In ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and…”
Crocker v. Crocker (2008)
ncctapp
“Therefore, we reverse the postseparation support order and remand the case to the trial court for findings of fact in accordance with N.C.G.S. § 50-16.2A. Next, wife argues that the trial court erred in entering its order of permanent alimony where it failed to make required…”
Langdon v. Langdon (2007)
ncctapp
“3A(a)-(b), differ from those for an award of postseparation support, § 50-16.2A(b)-(d). The district court’s order on 18 July 2005 awarding alimony thus did not “modify” any prior alimony order, but rather, by statute, terminated the existing temporary postseparation support.”
Baker v. Baker (2008)
ncctapp
“Based upon a consideration of the factors in N.C.G.S. § 50-16.2A(b) and N.C.G.S. § 50-16.”
— N.C. Gen. Stat. § 50-16.2A(c) — 2 cases
Wells v. Wells (1999)
ncctapp
“Moreover, as a noted authority in domestic relations law points out, given the “relative brevity” of the factors guiding PSS awards, see N.C.G.S. § 50-16.2A (1995), compared with the extensive list of fifteen factors governing the amount of an alimony award, see N.”
Nicks v. Nicks (2015)
ncctapp
“Section 50-16.2A of our General Statutes provides that [i]n ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and other recurring earnings…”
— N.C. Gen. Stat. § 50-16.2A(d) — 2 cases
Wells v. Wells (1999)
ncctapp
“Moreover, as a noted authority in domestic relations law points out, given the “relative brevity” of the factors guiding PSS awards, see N.C.G.S. § 50-16.2A (1995), compared with the extensive list of fifteen factors governing the amount of an alimony award, see N.”
Collins v. Collins (2015)
ncctapp
“An award of post-separation support is governed by N.C. Gen.Stat. § 50-16.2A : (b) In ordering postseparation support, the court shall base its award on the financial needs of the parties, considering the parties' accustomed standard of living, the present employment income and…”
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