PSS vs alimony


#1

It is possible that alimony may be higher than PSS, however in my experience, that happens very rarely. The alimony number is usually fairly close to the PSS number unless the dependent spouse has committed a significant amount of fault or there is a significant amount of debt. Marital fault tends to have a greater impact on the length of alimony rather than the amount. Once you are divorced, it will be more expensive for your spouse to provide you with insurance, the court may order him to pay your insurance or may increase your support to account for that expense.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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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.


#2

I have read that PSS is temporary and the award is usually less than what the alimony would be. Is that true?

In the PSS trial, husband confesses on his own to be currently cohabitating with another woman. In the alimony trial does my atty bring up marital fault and his alcoholism which made my life unbearable. OUr side did not bring this up in the PSS trial. Length of marriage is 21 years. Youngest child is only 11 and I will not be able to live in the marital home with the children if my permanent alimony is less than the PSS. I do work but will not be able to get a higher paying job in my field unless I move to a bigger town. I feel the judge understood this in the PSS trial. I will continue to look for better employment. But currently taking care of the children and this house is a full time job.

Is there a chance that permanent alimony may be higher than PSS because of marital fault? Can my atty argue for an unequal split of ED so I may be allowed to stay in the marital home with the children (3 minor children). Judge in the PSS trial ordered spouse to pay for mortgage, homeowners insurance and property taxes. Is it likely this will stay the same in the alimony trial. She also ordered that he pay my health insurance. Could that just be temporary or likely to be permanent? It is a rather large house with high upkeep, but a home in which the children love and should they suffer from all of this especially if the spouse who abandoned the home can afford it?