Unemployed spouse and PSS/alimony/ED

North Carolina Divorce Law Divorce and Separation Answers
1

You may want to reconsider filing for postseparation support (PSS). The divorce ends rights arising out of the marriage, unless at or before the divorce there is a pending action for PSS, a judgment or decree for PSS, or an agreement for PSS.

An alimony award should be based on the amount which your spouse is earning at the time alimony is sought and the award made. Only where a defendant is acting in bad faith, having the intent to avoid reasonable support obligations would the court likely base an award on potential income or earning capacity.

Remember, these claims must be pending or resolved, prior to or at the time you seek your divorce.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100

2

I am less than 5 months away from filing for absolute divorce, and have not filed for post-separation support for various reasons, though I was entitled to it and really need it. My husband lost his professional license for 1 year from Nov 1. So he will say he can’t afford alimony & ED payments. There was HUGE waste of assets on his part and I figure he owes me $50-60,000 aside from post-separation support and alimony. Am I screwed, or will the court provide for him to pay what he can now, and increase the payments once he gets his job back? I have a teenage daughter who has suffered greatly and I am involuntarily unemployed (he caused me to lose my job).

Thank you.