North Carolina Post-Separation Letter
Description
How to fill out Post-Separation Letter?
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FAQ
A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent.
Often shortened to PPS, post-separation support in North Carolina is designed to be a temporary payment that the supporting spouse is court-ordered to pay the dependent spouse. PPS orders either have a date they must be paid in full by or are scheduled to end when alimony is either awarded or denied.
In most cases, the court will award alimony for the duration of half the length of the marriage. For example, if a couple was married for 10 years, the dependent spouse would get 5 years of alimony. But, the court may deviate from this at any time depending on the circumstances of each spouse.
No, you do not need proof of separation. Your word is typically good enough. When you file for divorce, you will state in the papers that you meet the separation requirements. Those requirements are minimal and basically mean that for a minimum of one year, you lived at separate residences.
1) You Can Date While Separated After you have legally separated you are free to date as if you are not married. Your spouse does not have a say in whether or who you date. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.
How to Prove You Are Separated in North CarolinaA rental agreement, lease or mortgage on separate residences in each spouse's name.Utility bills (for electricity, water, sewer and trash) for each separate residence.Cable, satellite TV and internet account statements.Bank statements.More items...
North Carolina case law is very clear in holding that separation agreements are void as against public policy unless the parties are living apart under separate roofs or plan to separate immediately thereafter at the time of executing the agreement.
Separation does not always mean courts and judgesin fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, notarized and signed may resolve these issues.
Post-separation support is temporary support awarded for a finite period of time, typically 12 months or until the time of the trial on alimony.
