Postseparation payments?


#1

Dear Monika1:

Greetings. No, post separation support and alimony are not considered the same thing, although I like to think of them as “kissing cousins.” Post separation support only occurs in litigation and it is temporary support for the dependent spouse until alimony can be awarded.

Payments terminate for post separaton support upon reconciliation, not just sexual relations. Generally sex several times and letters does not equal reconciliation or condonment.

Alimony paid pursuant to a separation agreement should have the terminating dates clearly spelled out in the language of the agreement.

You have confused a lot of terms here, so be careful about that. Any other questions?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Is Postseparation payments and Alimony considered on in the same? In your FAQ on Alimony it states that postseparation payment will terminate, if 1) the parties resume marital relations. A)Is this referring to sexual relations or reconciliation. B)Can having sex(several times over the course of a separation period) and/or letters from spouse stating I still want counseling for our marriage(after separation agreements have been signed) be considered condonment (forgiveness) by the dep spouse making the separation agreement(alimony payments) somewhat null and void (or at least a bargaining tool to re-open the separation agreement for amendment)