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In that situation, an award of alimony is within the court’s entire discretion. The rules for temporary postseparation support are a bit more lenient with regard to the possible legal effect of dating during the marriage by the supporting spouse.
Because postseparation support looks to financial need of the dependent spouse and the supporting spouse’s ability to pay — without scrutiny of the further extensive list of non-financial factors taken into account during an alimony determination — a supporting spouse’s acts of marital misconduct will not be considered unless the dependent spouse is shown to have committed misconduct prior to or on the date of separation.
If you are in this relatively rare situation, you need read no further.
Your dating will not affect spousal support because such support can’t be awarded anyway, on the grounds of absence of dependency and/or ability to pay. And there are perils to dating for both a dependent and a supporting spouse.
The peril is most evident in the realm of long-term alimony.
The peril for a dependent spouse is that his or her uncondoned illicit sexual behavior prior to or on the date of separation (if proven by the other spouse) and in the absence of similar acts by the other spouse will bar alimony — no matter how great his or her financial need.
Rather, the court is required to “consider” that marital misconduct by the dependent spouse in deciding whether to award postseparation support and in deciding its amount.
Some would say the area is overcomplicated; but you need to learn the details if you are going to make an informed decision about the hazards of dating.Neither postseparation support or alimony can be ordered by a court in North Carolina if: In other words, support can’t and won’t be ordered where (a) your spouse is not a dependent spouse and/or you don’t have the ability to pay spousal support or (b) you are not a dependent spouse and/or your spouse doesn’t have the ability to pay you support.