Difference between revisions of "Alimony"
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* [[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. | * [[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. | * Duration of the marriage: A typical alimony award is for about 40-60% the duration of the marriage. | ||
==Postseparation Support== | |||
[[Postseparation Suppport]] 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. | |||
==Contact an Attorney== | ==Contact an Attorney== | ||
Revision as of 23:07, 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. 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.
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
The amount and time period for monthly alimony payments are determined by whatever a judge feels is fair under the circumstances.[5] 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.[5] That being said, we'll cover some of the most important factors here:
- 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[6]) 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.
Postseparation Support
Postseparation Suppport 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.
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"
- ↑ 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..."
- ↑ G.S. 50-16.1A