Alimony

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 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. However, if the other spouse also committed Marital Misconduct, the judge has discretion on whether to order alimony.
• An alimony award is fair under the circumstances
• 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. 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. 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) 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.

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: 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.

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.

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:

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• Email: david@kinglawnc.com
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