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North Carolina Alimony
(provided by The Rosen Law Firm)
1) What is alimony, and when is it paid?
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"Alimony" means payments for the support and maintenance of a spouse,
either by lump sum or on a continuing basis. Alimony is paid by the
"supporting spouse" to the "dependent spouse". The general rule is that a
spouse is dependent when he or she makes less money than the other spouse.
Technically, a dependent spouse is a spouse, whether husband or wife, who
is actually substantially dependent upon the other spouse for his or her
maintenance and support or is substantially in need of maintenance and
support from the other spouse.
Alimony is paid by a supporting spouse to a dependent spouse when the court deems it necessary after considering the fifteen statutory factors.
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The factors that are considered by the court are as follows:
1. The marital misconduct of either of the spouses,
2. The relative earnings and earning capacity 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, and
15. Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
Marital Misconduct of the parties is defined as:
(a) Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse,
(b) Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought,
(c) Abandonment of the other spouse,
(d) Malicious turning out-of-doors of the other spouse,
(e) Cruel or barbarous treatment endangering the life of the other spouse,
(f) Indignities rendering the condition of the other spouse intolerable and life burdensome,
(g) Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets,
(h) Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome, and
(i) Willful failure to provide necessary subsistence according to one's means and condition so as to render the condition of the other spouse intolerable and life burdensome.
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Generally, attorneys' fees are available to a dependent spouse when that
spouse is eligible to receive alimony. The amount of alimony varies widely.
Alimony is to be paid in such amount as the circumstances render
necessary, having due regard to the factors set out above. When the
dependent spouse has committed acts of illicit sexual behavior, the
supporting spouse is not required to pay any alimony at all. If however, the
supporting spouse has also committed acts of illicit sexual behavior then the
court is permitted to award alimony. If only the supporting spouse has
committed such acts then the court must award alimony. You and your
spouse may decide that one of you is entitled to receive alimony payments
and may do so without going to court. If you are unable to agree on the
matter, then you can submit the issue to the court for a decision. It is
important to remember that regardless of whether alimony is arranged by
agreement or ordered by a court, it is taxable to the recipient spouse and
tax deductible to the payor spouse.
The Rosen Law Firm located at
http://www.rosen.com/
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