The payment of alimony in North Carolina is governed by statute and case law. Because North Carolina follows the partnership theory of marriage, the obligation to pay alimony is based on the premise that both spouses have an obligation to support each other financially during the marriage. Alimony, or spousal support, is the extension of this obligation after the parties have divorced.
Marital miscounduct can have a profound impact on your ability to receive, or obligation to pay, spousal support. If infidelity is at issue in your case, click here to read about the potential implications.
Different Terms for Alimony
Alimony is a general term that refers to the order for payment of the support and maintenance of a spouse or former spouse. Alimony can be paid in periodic payments or in a lump sum payment, and may be for a specified period or for an indefinite term. Spousal support is the equivalent of alimony.
Post-separation Support is spousal support that is paid after the parties have separated until the earlier of any of the following: 1) The date specified in the order for post-separation support; 2) The entry of an order awarding or denying alimony; 3) The dismissal of an alimony claim; 4) The entry of a judgment of absolute divorce if no claim of alimony is pending at the time of entry of the judgment of absolute divorce; or 5) The dependent spouse remarries or cohabitates, or either the payor spouse or dependent spouse dies.
When Alimony is Awarded in North Carolina
For a court to determine that an award of alimony is appropriate, a two step analysis must be performed. First, the court must make a preliminary finding that there is a dependent spouse and a supporting spouse. Next, the court must look to the statutory factors to determine whether an award of alimony is equitable after considering all the relevant statutory factors (there are sixteen different factors, listed below).
Under NC General Statutes 50-16.3A, the factors the court must consider include:
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;
(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.
Because alimony may entail large sums of money or the transfer of substantial wealth, legal representation to protect your rights will be a good investment. Additionally, if you believe that you have assets that may be subject to litigation in a dissolution of marriage (divorce) proceeding, you are again reminded that obtaining legal counsel in these complicated issues may be worth the effort and the money. Contact Cary Divorce Attorney James Hart to schedule a divorce assessment.