Will adultry and/or non-ability to pay possibly bar PSS?


#1

I’ve always heard REGARDLESS of an affair on dependent spouse, they can still be entitled to PSS. Also heard that the ability of the supporting spouse had nothing to do with PSS either.

However…reading the NC General Statues (50-16.2A) listed below, there is a contradiction from what I’ve always been told (I’ve underlined contradictions):

A dependent spouse is entitled to an award of postseparation support if, based on consideration of the factors specified in subsection (b) of this section, the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay.

At a hearing on postseparation support, the judge shall consider marital misconduct by the dependent spouse occurring prior to or on the date of separation in deciding whether to award postseparation support and in deciding the amount of postseparation support. When the judge considers these acts by the dependent spouse, the judge shall also consider any marital misconduct by the supporting spouse in deciding whether to award postseparation support and in deciding the amount of postseparation support.

Please advise which is true. Also would like to know if these same rules apply to Alimony. Thanks!


#2

Yes, martial misconduct can be considered at a PSS hearing, but it is not a bar to temporary support. The alimony statute is different, and can be read under the alimony tab on this site.