Who May Receive Alimony?

Either spouse may receive alimony if the court finds that the spouse is “dependent” and that an award of alimony is equitable. The court may consider a variety of factors in determining whether an award of alimony would be equitable and how much alimony is appropriate. 

 

Like courts in most other states, a North Carolina court will consider factors such as: 

 

• The incomes and earning capacities of each spouse

• The age and health of each spouse

• How long the couple was married

• The standard of living established during the marriage

• The debts and assets of each spouse

• Whether one spouse’s earning capacity is impacted by serving as caretaker of a child

• Whether one spouse’s efforts contributed to the other’s education or earnings

• The tax consequences of alimony

 

Unlike many other states, North Carolina also considers marital misconduct in determining alimony--even misconduct that doesn’t relate to dissipation of assets. In fact, though the court has broad discretion to consider factors listed in the statute and any other relevant factors, the award of alimony in the case of “illicit sexual behavior” is not discretionary. 

 

Instead North Carolina law dictates that if the dependent spouse engaged in an act of illicit sexual behavior during the marriage, the court shall not award alimony. If the supporting spouse engaged in such an act, the court shall order alimony. Alimony is discretionary if both spouses strayed.

 

North Carolina alimony law contains one other unusual provision: either party may request a jury trial on questions of marital misconduct in a claim for alimony. This is the only aspect of a North Carolina divorce case that may be submitted to a jury.

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Talk to a North Carolina Spousal Support Attorney

With so many factors in play, whether you receive (or are ordered to pay) alimony will depend in large part on how well planned and presented your case is. Gathering the right evidence to support each of the factors in your favor can make all the difference, but securing evidence and making sure it is admissible can be tricky. It’s best to have a seasoned divorce lawyer on your side. 

 

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Frequently Asked Questions about North Carolina Alimony

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How is North Carolina alimony calculated? 

Unlike child support, alimony in North Carolina isn’t determined by a specific formula. The court awards alimony that it deems equitable based on both financial and non-financial considerations. 

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How long do alimony payments last? 

Like the amount of alimony, the duration of alimony in North Carolina is left to the discretion of the court. Some factors that impact the duration of alimony may include the length of the marriage, the ages of the parties, and whether one parent is currently at home or working less while caring for a child. For example, an older dependent spouse who was married for 30 years might receive alimony for life. On the other hand, a younger spouse with significant earning capacity or plenty of time to build a new career might receive only temporary alimony, to allow them to get up to speed in the workforce or to spend a few more years at home with a young child. 

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Will I receive alimony if I was a homemaker? 

Possibly. The contributions one spouse made in the home is one factor North Carolina courts consider when deciding whether to award alimony and how much. Courts also consider the relative earning power of each spouse, so if your career has been affected by the time you spent managing the household or caring for children at home, that will also weigh in your favor, but these are just two of many factors.