Difference between revisions of "Alimony"
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==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> | * 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 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 both spouses cheated, 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 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 both spouses cheated, 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 | |||
==Amount and Duration== | ==Amount and Duration== | ||
Revision as of 22:48, 11 October 2022
| Alimony | |
| Statute: | N.C.G.S. § 50-16.3A |
| Description | Alimony provides temporary financial support to supplement the income of a spouse that was financially dependent on the other. |
| Takeaway | Alimony is typically 15-40% the gap in income between the spouses for 40-60% the duration of the marriage. |
Alimony is financial support a dependent spouse receives from a breadwinner spouse to supplement their income.
Qualifying for Alimony
A spouse qualifies for alimony if they meet all of the following criteria:
- They were financially 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 any sexual relations with someone besides their spouse before the date of separation.[2] However, if both spouses cheated, the judge has discretion on whether to order alimony.[3]
- An alimony award is fair under the circumstances[4]
- Their spouse can afford to pay alimony
Amount and Duration
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:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ § 50-16.3A(a). "The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse..."
- ↑ § 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."
- ↑ § 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."
- ↑ § 50-16.3A(a). "an award of alimony is equitable after considering all relevant factors"