Alimony in North Carolina
In North Carolina, alimony is a payment for the support of a dependent spouse. This payment is either made by lump sum or on a continuous basis. Typically, the spouse who earns less money or is responsible for minor children is considered to be the dependent spouse. The purpose of alimony is to ensure that both spouses are able to maintain the same standard of living they enjoyed prior to their divorce.
Determing The Amount Of Alimony
In determining the amount and duration of alimony, the judge will consider a number of factors. The duration may be indefinite or it may be for a specified term. According to the North Carolina General Statutes Chapter 50. Divorce and Alimony § 50-16.3A. Alimony, the amount of alimony is based on the following 16 factors:
(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.
Is Martial Fault Considered?
More and more couples in NC are opting out of the court process, however. These couples have several options.
One option is to hire attorneys who will take your case to court if settlement fails, but who will first try to negotiate a settlement with your spouse’s attorney in a mediation process.
Another, relatively new option, is a collaborative divorce process. Attorneys are hired by each spouse, and these attorneys commit to keep you out of court if at all possible. They agree to help you resolve conflicts in a win-win, problem-solving negotiation model, instead of the more traditional win-lose, haggling model, and they make a binding promise never to represent either one of you against the other in a courtroom. If for some reason, either spouse decides to go to court, then different attorneys are brought in to take over and take matters to court.
Modifications of Alimony
Modifications to alimony awarded can be made when one spouse demonstrates a significant change in circumstances. This might include a change in employment or unexpected financial hardship due to medical needs or the needs of a minor child. Either party may petition the court for modification.
Alimony ends upon the death of either spouse, or when the recipient gets married or is living with a partner.