Difference between revisions of "Alimony"

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<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Alimony is typically 15-40% the gap in income between the spouses for 40-60% the duration of the marriage.</td></tr>
<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Alimony is typically 15-40% the gap in income between the spouses for 40-60% the duration of the marriage.</td></tr>
</table>
</table>
'''Alimony''' is financial support a dependent spouse receives from a breadwinner spouse to supplement their income. Although alimony payments can take many forms, it is most commonly done with monthly payments over time. Often, those payments are about 15-40% the gap in income between the spouses for 40-60% the duration of the marriage. The legal rules for alimony are very subjective and most spouses see it as giving away free money to their spouse. As a result, spouses are more likely to have to go to court for alimony than other claims.
'''Alimony''' is financial support a breadwinner spouse pays to a spouse that was financially dependent on them during the marriage. It is intended to supplement the dependent spouse's income temporarily while they transition out of the marriage. The legal rules for determining alimony are subjective. Also, most spouses see it as giving away free money to their ex. As a result, it is more frequently litigated than most other claims.


==Qualifying for Alimony==
==Qualifying for Alimony==
A spouse qualifies for alimony if they meet all of the following criteria:
A spouse qualifies for alimony if they meet all of the following criteria:
* They were financially dependent on their spouse during the marriage<ref name="qualify">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse..."</ref> to maintain the standard of living they grew accustomed to during the marriage.  
* They were substantially dependent on their spouse during the marriage<ref name="qualify">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse..."</ref> to maintain the standard of living they grew accustomed to during the marriage.  
* They did not have any sexual relations with someone besides their spouse before the [[Date of Separation|date of separation]].<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "If the court finds that the dependent spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, the court shall not award alimony."</ref> However, if the other spouse also committed [[Marital Misconduct]], the judge has discretion on whether to order alimony.<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all of the circumstances."</ref>
* They did not have sexual relations with someone besides their spouse before the [[Date of Separation|date of separation]].<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "If the court finds that the dependent spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, the court shall not award alimony."</ref> However, if the breadwinner spouse also committed [[Marital Misconduct]], the judge has discretion on whether to order alimony.<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all of the circumstances."</ref>
* An alimony award is fair under the circumstances<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "an award of alimony is equitable after considering all relevant factors"</ref>
* An alimony award is fair under the circumstances<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(a)]. "an award of alimony is equitable after considering all relevant factors"</ref>
* Their spouse can afford to pay alimony
* The breadwinner spouse can afford to pay alimony


==Amount and Duration==
==Amount and Duration==
The amount and time period for monthly alimony payments are determined by whatever a judge feels is fair under the circumstances.<ref name="amountduration">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(b)]. "In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including..."</ref> There are 16 factors described by statute that a judge can consider, but a judge is not limited to the factors listed in the statute.<ref name="amountduration"/> That being said, we'll cover some of the most important factors here:
The amount and duration of alimony payments are determined by whatever a judge feels is fair under the circumstances.<ref name="amountduration">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.3a.html § 50-16.3A(b)]. "In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including..."</ref> Although a judge can consider any of the facts and circumstances in your particular divorce, there are 16 specific factors listed in the alimony statute.<ref name="amountduration"/> The most important factors are (1) the gap in income between the spouses, (2) any marital misconduct, and (3) the duration of the marriage. Alimony payments of about 20-40% the gap in income between the spouses for half the duration of the marriage are common.{{Collapse top|The Full Statute with all 16 Factors}}
* Gap in income: Alimony is usually somewhere between 15-40% of the gap in income between the breadwinner and the dependent spouse's earning capacity.
* [[Marital Misconduct]]: If the breadwinner engaged in misconduct (as defined by statute<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.1a.html G.S. 50-16.1A]</ref>) this can increase the alimony they have to pay.
* Duration of the marriage: A typical alimony award is for about 40-60% the duration of the marriage.
 
{{Collapse top|The Full 16 Factors}}
(b)        Amount and Duration. - The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term. In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including:
(b)        Amount and Duration. - The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term. In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including:
# 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;
# 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;
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==Postseparation Support==
==Postseparation Support==
[[Postseparation Support]] is temporary alimony to provide payments to a dependent spouse while the case for alimony marches towards trial. Most alimony cases also have a postseparation claim, since the dependent spouse can't wait potentially years for an alimony trial before getting financial support. However, postseparation support has a different set of criteria and rules intended to simplify the hearing. Be sure to read the postseparation support in addition to this one for more details.
[[Postseparation Support]] is temporary alimony to provide payments to a dependent spouse while the case for alimony is processed. Postseparation support is subject to different rules and a simpler standard. There are more details on the postseparation support page.


==Contact an Attorney==
==Contact an Attorney==

Revision as of 12:09, 15 October 2022

Alimony
Statute:N.C.G.S. § 50-16.3A
DescriptionAlimony provides temporary financial support to supplement the income of a spouse that was financially dependent on the other.
TakeawayAlimony is typically 15-40% the gap in income between the spouses for 40-60% the duration of the marriage.

Alimony is financial support a breadwinner spouse pays to a spouse that was financially dependent on them during the marriage. It is intended to supplement the dependent spouse's income temporarily while they transition out of the marriage. The legal rules for determining alimony are subjective. Also, most spouses see it as giving away free money to their ex. As a result, it is more frequently litigated than most other claims.

Qualifying for Alimony

A spouse qualifies for alimony if they meet all of the following criteria:

  • They were substantially dependent on their spouse during the marriage[1] to maintain the standard of living they grew accustomed to during the marriage.
  • They did not have sexual relations with someone besides their spouse before the date of separation.[2] However, if the breadwinner spouse also committed Marital Misconduct, the judge has discretion on whether to order alimony.[3]
  • An alimony award is fair under the circumstances[4]
  • The breadwinner spouse can afford to pay alimony

Amount and Duration

The amount and duration of alimony payments are determined by whatever a judge feels is fair under the circumstances.[5] Although a judge can consider any of the facts and circumstances in your particular divorce, there are 16 specific factors listed in the alimony statute.[5] The most important factors are (1) the gap in income between the spouses, (2) any marital misconduct, and (3) the duration of the marriage. Alimony payments of about 20-40% the gap in income between the spouses for half the duration of the marriage are common.

The Full Statute with all 16 Factors

(b) Amount and Duration. - The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term. In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including:

  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;
  4. The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;
  5. The duration of the marriage;
  6. The contribution by one spouse to the education, training, or increased earning power of the other spouse;
  7. The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
  8. The standard of living of the spouses established during the marriage;
  9. The relative education of the spouses and the 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 and 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. The fact that income received by either party 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.

Postseparation Support

Postseparation Support is temporary alimony to provide payments to a dependent spouse while the case for alimony is processed. Postseparation support is subject to different rules and a simpler standard. There are more details on the postseparation support page.

Contact an Attorney

This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:

References

  1. ↑ § 50-16.3A(a). "The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse..."
  2. ↑ § 50-16.3A(a). "If the court finds that the dependent spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, the court shall not award alimony."
  3. ↑ § 50-16.3A(a). "If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all of the circumstances."
  4. ↑ § 50-16.3A(a). "an award of alimony is equitable after considering all relevant factors"
  5. ↑ 5.0 5.1 § 50-16.3A(b). "In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including..."
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