Alimony and Post Separation Support

When determining whether to award alimony, the court must first determine whether there is a dependent spouse, and a supporting spouse. Next, the court will determine whether alimony is equitable after considering all relevant factors.

The amount of alimony that you may be eligible to receive or required to pay is in the discretion of the court. The duration and method in which you make your alimony payments are also in the discretion of the court.

You will be required to submit a sworn affidavit detailing your gross earnings and monthly debt and expenses. The court will consider the affidavits of both parties in determining whether the supporting spouse has the ability to pay the spousal support as well as determining whether the dependent spouse has a need.

These factors include but are not limited to:

(1) The marital misconduct of either of the spouses;

(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.

Relevant Statutes

N.C. Gen. Stat. §50 – 16.3A

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