Deciding whether to get a divorce is a complex and emotional process. It is one that takes time and benefits from information. When it comes to financial matters like alimony (“spousal support”), you need to know what to expect. If you’re considering divorce in North Carolina, it’s important to understand how alimony works in the state.
What is Alimony?
Alimony, which is known as spousal support in North Carolina law, is a payment that one spouse makes to the other during and/or after a divorce. Its purpose is to help a financially dependent spouse maintain a similar standard of living to the one enjoyed during the marriage, although it may not be permanent.
Whether there will be alimony in any divorce is decided on a case-by-case basis. It also depends on whether you have a valid prenuptial/postnuptial agreement. You can negotiate the question of alimony as part of a divorce settlement agreement, determine it in mediation or have a judge decide.
Alimony might be temporary or permanent, depending on factors like the length of the marriage and each spouse’s potential for financial independence. Even permanent alimony can end, however, such as if the receiving spouse remarries.
Who Can Receive Alimony?
Alimony can be requested by either spouse as long as they rely financially on the other. However, it is only awarded under certain conditions:
- There must be a “dependent spouse” who relies financially on the other spouse.
- The other spouse must be a “supporting spouse,” capable of providing financial support.
- The court must find it equitable (fair) to award alimony after considering all relevant factors.
Assuming the court finds it fair, the supporting spouse can expect to pay some alimony to the dependent spouse.
To predict whether there will be alimony in your case, you must meet the dependent/supporting spouse criteria and understand what a court might consider fair. North Carolina law tells judges to consider certain factors when determining if alimony is appropriate.
Key Factors Affecting Alimony Decisions
When deciding on alimony, courts in North Carolina consider any factors they deem proper and relevant. However, there are some factors they always consider, such as:
- Marital misconduct: Infidelity can impact alimony decisions. If the dependent spouse cheated, they generally cannot receive alimony, although this can change if both spouses cheated. If the supporting spouse cheated, they are generally required to pay alimony.
- Earnings and capacities: The income and earning potential of both spouses are considered.
- Education and training: If one spouse supported the other through their education or training, they are more likely to receive alimony
- Duration of the marriage: Longer marriages are more likely to involve alimony.
- Standard of living: The lifestyle during the marriage is a significant factor.
- Physical, mental, and emotional health: The age and health of each spouse can affect decisions.
How Much Alimony and for How Long?
The amount and duration of alimony are determined by the court and can vary greatly depending on the circumstances. There is no set rule on how much alimony the court might award. It depends on your circumstances and what the court would see as fair. For this reason, it is very difficult to give a definitive answer about how much alimony there will be and for long. Negotiating or mediating a solution rather than leaving it to court can give you more control over the outcome.
An experienced attorney should be able to look at your situation and explain which factors are likely to matter in your case. In some cases, he or she may be able to give you a ballpark sense of what to expect based on local experience.
Whether you believe you will need alimony or wonder if you will be expected to pay it, it’s a good idea to discuss your concerns with an experienced lawyer who will go the extra mile to protect your interests in a divorce or family law issue.
