Plaintiff and defendant were married on 18 June 1950 and separated on 16 June 1996. On 21 October 1996, plaintiff filed a complaint seeking postseparation support, alimony, attorneys’ fees, and equitable distribution. A hearing was held for determination of post-separation support on 9 and 10 June 1997. At the hearings, plaintiff established monthly financial needs and expenses of approximately $5,000. Plaintiff offered the affidavit of Thomas Randolph Witt, a certified public accountant who professed to be knowledgeable of the tax laws, and he determined that plaintiff would need $8,300 per month as postseparation support to meet her tax liability.
On 25 July 1997, the trial court ruled that plaintiff’s reasonable needs and expenses per month were $4,950.81 rounded up to $5,000, and after taking into consideration the tax consequences of postsep-aration support, ordered defendant to pay $8,300 per month until the equitable distribution issues were resolved.
On 20 August 1997, defendant filed a motion pursuant to Rule 60 for relief from the order and also filed a notice of appeal. In his motion, defendant alleged that the trial court erred in determining that a monthly payment of $8,300 was necessary in order to meet plaintiff’s reasonable monthly needs and expenses of $5,000. The trial court denied defendant’s motion.
Defendant contends that the trial court erred when it ordered the payment of postseparation support that was in excess of plaintiff’s needs because her tax liability was incorrectly calculated. Plaintiff contends that an order awarding postseparation support is interlocutory and not immediately appealable.
An order is interlocutory if it is made during the pendency of an action and does not dispose of the case but leaves further matters to be judicially determined between the parties at the trial court level.
Veazey v. City of Durham,
Prior to 1995, there was no action in North Carolina for “postsep-aration support” instead the statute defined support prior to a divorce as “alimony pendente lite.” In 1981, this Court held that alimony pen-dente lite awards were interlocutory and were not immediately appealable because they did not affect a substantial right.
Stephenson v. Stephenson,
In 1995, the legislature modified the statutes dealing with domestic issues and replaced alimony pendente lite with postseparation support. N.C. Gen. Stat. § 50-16.1A (1995) defines postseparation support as “spousal support to be paid until the earlier of either the date specified in the order of postseparation support, or an order awarding or denying alimony.” The differences between alimony pendente lite and postseparation support in the statutes are irrelevant to the issue before this Court.
Therefore, since a postseparation support order is a temporary measure, it is interlocutory, it does not affect a substantial right, and it is not appealable.
Dismissed.
