The North Carolina Alimony Statute, NCGS 50-16.3A sets out the factors a court will consider in determining the amount and duration of any alimony award when evidence is offered with regard to the particular factor at issue.
How is Alimony Awarded in North Carolina?
Your case is unique, and no one will be able to exactly pinpoint what you will owe or receive. Depending on a variety of factors, you could receive more or less than you expect.
These factors include the following:
(1) The marital misconduct of either of the spouses
Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation.
(2) The relative earnings and earning capacities of the spouses
(3) The ages and the physical, mental, and emotional conditions of the spouses
If your spouse cannot meet their required medical needs, you may be required to subsidize the burden by paying more in alimony.
(4) The amount and sources of earned and unearned income of both spouses
This includes but not limited to:
- benefits, such as:
- social security
- or other sources of benefits
(5) The duration of the marriage
The longer you were married, the court will typically rule in favor of a larger or longer settlement.
(6) The contributions by one spouse to another spouse
Contributions can be:
- financial education assistance
- increased earning power of the other spouse
(7) The effect divorce will have on the spouse serving as the custodian of a minor child
- The extent to which the earning power is effected due to child care
- monthly expenses
- or financial obligations
(8) The standard of living of the spouses established during the marriage
This means that after divorce, the spouse due alimony, must be able to maintain a lifestyle that reasonably matches that during marriage.
(9) The relative education of the spouses
This includes any time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs
(10) The relative assets and liabilities of the spouses
Any alimony award will be subject to the relative debt service requirements of the spouses, including legal obligations of support
(11) The property brought to the marriage by either spouse
(12) The contribution of a spouse as homemaker
(13) The relative needs of the spouses
(14) The Federal, State, and local tax ramifications of the alimony award
(15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper
(16) Previous determination by the court on distribution of assets
During alimony assessment, any income received by either party, that was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property must be accounted for.
Do You Need Professional Alimony Support from a Raleigh Divorce Law Firm?
It can be difficult to apply these factors to any case without the guidance of an experienced divorce attorney. Our firm would be happy to discuss how we can help you analyze your alimony claim.