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    • Do you need a divorce lawyer?
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§50-16.3A(b). Alimony Factors

You are here: Home / NC Divorce Laws / NC Spousal Support (aka Alimony) / §50-16.3A(b). Alimony Factors

Amount and duration.  The court shall exercise its discretion in determining the amounts, 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:

(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.

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About Our Firm

The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

The Hart Law Firm is conveniently located in Cary, NC. We provide services throughout North Carolina’s Triangle area including Raleigh, Apex, Holly Springs, Garner, Morrisville, Durham, Research Triangle Park, Chapel Hill, Carrboro, Wake Forest, Wake County, Durham County, Orange County and other nearby cities and towns.

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