Divorce

Alimony, also called maintenance or spousal support, is financial support paid by, or to, your spouse and can be awarded as part of a divorce. A judge may award you alimony if s/he finds that:

• you are the dependent spouse;
• your spouse is the supporting spouse; and
• that giving you alimony is fair (equitable) after considering the list of factors below. However, the judge may not award alimony under some circumstances of marital misconduct.¹

To decide the amount of alimony and for how long alimony will be paid, a judge will consider:

1. any bad behavior during the marriage (“marital misconduct”) of either spouse; Note: The judge can consider marital misconduct that happened after the date of separation in order to help prove that marital misconduct happened during the marriage;
2. the relative earnings and earning capacity of each spouse;
3. the age, physical, mental, and emotional condition of each spouse;
4. the amount and source of income for each spouse including, but not limited to, earnings, dividends, and benefits, like retirement, medical, insurance, and Social Security;
5. the length of your marriage;
6. the contribution of one spouse to the education, training, or increased earning potential of the other spouse;
7. the effect that having custody of a child will have on that spouse’s earning capacity and expenses;
8. the standard of living during the marriage;
9. the education of each spouse;
10. the time necessary for the spouse getting alimony to get the education or training needed to be able to find a job to meet her/his economic needs;
11. the relative assets, debts, and liabilities of each spouse, including legal obligations of support;
12. the property each spouse brought into the marriage;
13. the contribution of a spouse as a homemaker;
14. the needs of each spouse;
15. the tax consequences of alimony; and
16. any other economic factors the judge thinks are important.²

You or your spouse can request a jury trial to decide whether you or your spouse committed marital misconduct, as mentioned in #1, above.³

¹ N.C.G.S.§ 50-16.3A(a)
² N.C.G.S.§ 50-16.3A(b)
³ N.C.G.S.§ 50-16.3A(d)