Likelihood of PSS being awarded

North Carolina Divorce Law Divorce and Separation Answers
1

You may have an issue with condonation, meaning that you found out about her affair and forgave her for it. If you forgave her for the affair that means that she would still be legally entitled to alimony. There is no clearcut answer in your case because you did not immediately separate, but it appears that the affair later led to your separation. If she is not entitled to alimony you can also bring up the issue of her affair at the PSS hearing. I cannot tell you how much you can expect to pay unless I meet with you and review your finances.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My spouse left our marital home in late August 2008. We were married for 20 years. In summer 2007 I found out about her affair. We attempted to reconcile, but by June 2008 she said she was separating. She moved out August 2008.

I have enough evidence to prove marital fault so that she knows she can’t get alimony. That leaves Post Separation Support (PSS).

She stayed at home with the kids for 13 years, but the youngest is now 7. Since the crisis in September 2007, she has done nothing to make herself more employable. She has a professional Master’s degree. Average salary is about $55,000 for her field, starting around $40,000.

During our attempt at reconciliation, in May 2008 she announced she would start a job in August working part-time 20 hrs a week, making $10/hr. This she justified by saying she could have the same schedule as the kids. I objected, saying that she could make much more working full-time, and I no longer was going to play the role of sole provider.

In June 2008 she announced she was moving out. Her parents bought her a house. She is working part-time making about $12000 a year. She has the family van.

She left August 2008. We are sharing the kids, though through an agreed upon temporary transition time it has been 60%-40%. It was supposed to go to 50/50 in January. She has filed suit, blocking this, and is going for full custody and PSS. I have paid her about $1600 in Child Support monthly since then.

I am in the marital home still. I will sell in the spring, and we will split the proceeds 50/50 (though she will go for more, I guess).

She wants $2200 monthly in PSS. I don’t have the money to pay her PSS. After monthly expenses, I don’t have any money left over.
Take my net salary. Subtract mortgage, insurance, and Child Support.
She wants the remainder, about $2200 a month, so I have nothing for food, grocery, car expenses, etc.
Where I get the money is my problem.
She told me she thought I should borrow it from my family.
Meanwhile, she continues to work part-time for $10 an hour.

What are her chances of being awarded PSS?

  • I committed no marital fault. I never abused her or the kids.

  • My financial affidavit is justifiable.

  • She hasn’t tried to make herself more marketable in the last 15 months, and find a professional job, though from the beginning it was clear that I was no longer willing to support her.

  • She doesn’t have any housing expenses.

  • Her car is paid for.

  • She can show that she doesn’t have enough money to make ends meet every month. Will the fact that she has refused to work full-time make that her problem instead of mine?

  • She did stay at home for the last 12 years. We agreed she would not work outside the home unless she wanted to in order to focus on the kids. However, she refused to reenter the corporate job market when our kids were older because she didn’t want to.

  • She has been a good day-to-day mother to the kids. I have shown in the last 3 months that I am a good caregiver to my children.