What does it mean to be tough? In divorce, most people (including many lawyers) believe that it means “sticking to your guns”, never compromising, issuing the bigger threats, puffing more, “big talk”, using intimidation. In the name of toughness, people are frequently encouraged to be uncaring, to deny any empathy for their spouse, and to turn off all humane or positive feelings about their marriage and their spouse.
That’s one way to do it.
At least in North Carolina, alimony (including post-separation support (PSS)) is one of the least predictable outcomes in family law. There are 15 factors listed in the alimony statute that must be considered, plus a catch all factor. Once those factors have been considered, a family court judge must make an award (or not) that she finds to be “equitable”. “Equitable” is legalese for “fair”.
One situation that comes up with some regularity for a divorce attorney is when a client puts an offer on a house before their divorce issues are resolved. These clients unwittingly place themselves in a very difficult position.