PSS/Alimony


#1

PSS ends when someone files for a change or for Alimony, I believe. Did you guys have a separation agreement? I don’t see how you could legally buy a house before you were divorced unless you had some kind of Free Trader clause.

Sounds like you have a rough road ahead. Hopefully a lawyer will respond.


#2

No separation agreement. Just court ordered PSS and child support, which my wife was able to get the judge to deviate to a higher amount.

I cashed in a life insurance policy and put a large cash down payment on the new home. No one asked any questions. Can my wife use this against me or is my new home just considered part of the marital property. I am willing to give her the marital home and I stay in my home.


#3

WOuld the judge make me sell my house bc I bought it without wife’s consent and with marital money, esp since I am severely in debt.


#4
  1. If your PSS award does not have a termination date that means it will continue until an alimony order is entered, or until the court orders PSS to be terminated. This is not uncommon when you have a long term marriage. I believe that anyone will settle for the right offer. You might want to consider going to mediation on the issue of alimony to see if both of you can work it out, if you make the right offer then her attorney will advise her that she has little chance of receiving more money in court.

  2. Generally people do not receive more in alimony than they have received in Post Separation Support unless there is a significant factor affecting income that the court did not consider in the first hearing. The court will not force her to return to work, however if they believe she is suppressing her income in bad faith, then they will calculate alimony as if she was still earning what she used to earn.

  3. Generally alimony is for half the length of the marriage, but that is just a rule of thumb, I have seen awards that are shorter or longer based on the circumstances. because you and your spouse have been married a long time, you may be ordered to pay alimony until retirement, or if you are both fairly young, you may be ordered to only pay for half the length of the marriage.

  4. The court will not consider college expenses in making a ruling on alimony. I always advise clients that if you can do it, settlement is always the best option.

  5. The courts will not order you to sell a home that is your separate property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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Charlotte, NC 28262
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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 but a full discussion with an attorney should be undertaken before taking any action.


#5

The judge just handed down her decision on PSS and child support. All total I am asked to pay about 70% of my take home bc in addition to PSS and child support I am to pay the monthly mortgage on the marital home and the taxes and homeowners insurance. I have been paying my kids med insurance all along and now I am ordered to pay my wifes (she has always had a separate policy bc of her job) During the hearing I mentioned that I was cohabitating - Did they use the fact that I said that she works (girlfriend) to give wife more PSS. While married I made 87% of the income and wife made 13%. She only worked parttime, which she has always done for our 21 year marriage. SHe then quit her job two months after I left the home bc she testified that she could no longer work in the same field as I bc I was committing adultery with someone who also works in that field. She also stated she needed to be home witht the kids (ages 17,15, 13, 10) She has a doctorate degree but to get another job like the one she had would require her to commute one hour away (which she says she will not do) or to relocate to a biger city with the kids (which nobody wants) She has worked 20 years and I think she just wants to “retire” now and I believe the judge was on her side and did not impute any income to her. They did not believe she quit in bad faith. (she recently got a consulting job but it only pays 20% of what she made before)

Questions:

  1. The PSS award did not have a termination date. DO I have to file for a alimony hearing? or will she or does it not have to be done. I do not believe she will settle to an amount and wishes to go to trial as adultery can be brought up then. I had enough of trials (been to 2 so far an had to pay her atty fees for both) I also have a case out on me for AOA so my atty fees are quite high. I am living off of borrowed money

  2. Will the judge be harsher in the alimony trial to enfore her to get a better job bc she has the education and training. Her job was specialized so she was right in that there are no jobs like she had and she refuses to return to her old job. (she says they already hired someone)

  3. Should I just try to offer her a good settlement knowing that the alimony may be higher because of my marital fault. What is a fair lenghth of time to give her alimony. It is possible the judge may give her lifetime alimony so she can continue to live in the marital home and take care of it?

  4. Our oldest will go to college next year and I know I do not have an obligation to pay for college but my wife says I need to pay something as in addition to tuition and room and board, there are costs of books, travel, car insurance, med costs not covered by insurance. SOn has a summer job and recieve scholarships but it is not enough. Will the judge hear her testify on that and increase her alimony for that reason.

  5. I am basically living on borrowed money now. I did by a new home when I separated. Is there any chance the courts will ask me to sell this if I testify that I am severely in debt.