Alimony

Alimony
Statute:	N.C.G.S. § 50-16.3A
Description	Alimony provides temporary financial support to a spouse that relied on the other's income during the marriage.
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 breadwinner spouse pays to a spouse that was financially dependent on them during the marriage. Alimony is intended to supplement the dependent spouse's income temporarily while they transition out of their reliance on the other spouse's income. The legal rules for determining alimony are subjective and many spouses see it as giving away free money to their ex. As a result, alimony 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 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. However, if the breadwinner spouse also had improper sexual relations, whether alimony should be ordered is up to the judge. Additionally, any improper sexual relations that were forgiven, such as is legally inferred from sex between the spouses afterwards, doesn't count.
• An alimony award is fair under the circumstances
• The breadwinner spouse can afford to pay alimony

As a rough guideline, I'm usually looking for an income gap of at least 50% and a breadwinner with at least $50k in annual income to justify an alimony claim. However, only a judge can actually determine if a spouse qualifies for alimony based on all of the facts and circumstances.

Amount and Duration

The amount and duration of alimony payments are determined by whatever a judge feels is fair under the circumstances. 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. 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: 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 relative earnings and earning capacities of the spouses; The ages and the physical, mental, and emotional conditions of the spouses; 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; The duration of the marriage; The contribution by one spouse to the education, training, or increased earning power of the other spouse; 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; The standard of living of the spouses established during the marriage; 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; The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support; The property brought to the marriage by either spouse; The contribution of a spouse as homemaker; The relative needs of the spouses; The federal, State, and local tax ramifications of the alimony award; Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. 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.

Employment

If the dependent spouse is an unemployed homemaker, the judge will usually expect them to be employed before the first court date. If the dependent spouse is not employed, the judge will typically look at what the spouse would be earning if they more fully applied themselves to the job search, as opposed to their actual income of $0. Many dependent spouses have relied on the breadwinner spouse for many years and have unrealistic expectations that the breadwinner will be required to continue supporting them as though they were still married. However, alimony is generally seen as rehabilitative; a temporary measure to support the dependent spouse's transition into being their own solo breadwinner.

See Also

• Postseparation Support
• Starting a lawsuit
• Mediation
• Financial Disclosures

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
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• Email: david@kinglawnc.com
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