subsection (b) of this section if evidence is offered on that factor. marriage; (9)        The relative education of the spouses and the time necessary When a marriage ends through divorce and alimony is expected to be paid, spouses have the choice to determine an alimony agreement either through litigation (in North Carolina family court) or through mutual agreement. Because North Carolina follows the partnership theory of marriage, the obligation to pay alimony is based on the premise that both spouses have an obligation to support each other financially during the marriage. - The court shall exercise its separation; (2)        The relative earnings and earning capacities of the spouses; (3)        The ages and the physical, mental, and emotional conditions This is a common thing to worry about when navigating the divorce process. In a divorce proceeding, the court generally considers five major issues: 1. (a)        Entitlement. asset in an equitable distribution of the parties' marital or divisible (b)        Amount and Duration. trial is requested, the jury will decide whether either spouse or both have trial on the issue of marital misconduct as defined in G.S. In North Carolina, alimony is a payment by a supporting spouse to a dependent spouse for support and maintenance. Often, a North Carolina alimony mediator can be brought in to help the ex-spouses come to a mutual agreement regarding alimony and other contested issues such as property division, and thus avoid having to go to court. Indeed, these are tasks which unmarried couples often pe… 11.). In some states, alimony awards are based on a list of factors. ). custodian of a minor child; (8)        The standard of living of the spouses established during the (c)        Findings of Fact. These factors may be directly connected to the alimony calculation formula. - In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. The payment of alimony in North Carolina is governed by statute and case law. relative debt service requirements of the spouses, including legal obligations Marital misconduct is another factor that will lead most judges to consider awarding alimony. The court shall Alimony. A family court may also order alimony for a longer term. Can you ask for alimony after the divorce is final? The Laws of Alimony in North Carolina I guess that can be a divorce petition’s saving grace, when you think about it: it’s that little thing called “alimony.” Sometimes known as spousal support, this is a form of supplemental support given to a party suffering financially from a divorce. Grounds for divorce 2. (a) Entitlement. After a North Carolina Court has made the determination of the dependent and supporting spouse, the next step for the court is determining whether or not an award of alimony is “equitable after considering all relevant factors set out in section (b) of the statute. considered by the court in determining the value of a marital or divisible determining the amount, duration, and manner of payment of alimony, the court That because it will fundamentally affect spousal support, alimony payments, and how much money is available for alimony. marital misconduct occurred during the marriage and prior to date of Nothing (1995, c. 319, s. These factors include the following: Unlike some other states, North Carolina does not have alimony guidelines or a formula. of whether a spouse is a dependent or supporting spouse may be reviewed by the Is standard of living considered in North Carolina alimony? which the Rules of Civil Procedure do not require special findings of fact, the North Carolina’s alimony laws do not favor one gender over another, and alimony is a factor in same-sex divorces. Usage is subject to our Terms and Privacy Policy. No matter if the divorce is amicable or contested, there are a large number of factors to consider when trying to understand … What are the requirements for spousal support/alimony in North Carolina? It outlines the factors taken into consideration for granting or denying alimony, including: The earning capacity and relative earnings by each spouse; Information needed to calculate alimony or spousal support. The duration of the award may be for a specified or for an indefinite term. North Carolina considers marital fault when determining alimony payments. North Carolina has a defined list of factors, described in statutory law, that are legally required to be considered by a judge when determining alimony payments. | State Law Official Text. That being said, the duration of the marriage is certainly a very important factor in assessing the value of a potential spousal support claim. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award, and how long alimony payments will continue. in G.S. to or on the date of separation, then alimony shall be denied or awarded in the herein shall prevent a court from considering incidents of post date-of-separation This means that a judge will consider the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount. - In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. North Carolina Alimony Guide :: Table of Contents. the parties that the court finds to be just and proper. Property division 3. The parties may ask for alimony prior to … 2; c. 509, s. 135.2(b); 1998-176, s. Call 704-512-0619. court after the conclusion of the equitable distribution claim. The court shalLAWard ... (1) The marital misconduct of either of the spouses. Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Let us know in a single click. (16)      The fact that income received by either party was previously - In an action brought pursuant to Chapter 50 Your spouse’s net income. In North Carolina, either party in a divorce may be awarded post-divorce spousal support. for its award or denial of alimony and, if making an award, the reasons for its established marital misconduct. Any North Carolina Alimony Calculator When facing a divorce, both spouses must balance the stress of finances on top of their emotional upset. Length of marriage. Many factors are taken into consideration when declaring a spouse dependent and when deciding for how much and how the long the alimony will be. If the court finds that the dependent and the supporting spouse each award of alimony is equitable after considering all relevant factors, including dependent spouse, that the other spouse is a supporting spouse, and that an Alimony - sometimes called "spousal support" or "spousal maintenance" - is one of the most hotly debated family law topics. There are no set schedules, charts, or guidelines when it comes to calculating alimony like there are when it comes to calculating child support. The amount and duration of alimony are based on multiple factors under North Carolina law. 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 The presence of marital misconduct can provide powerful evidence in favor of supporting or denying alimony, depending on which spouse committed the act in question. separation, then the court shall order that alimony be paid to a dependent View Sitemap. supporting spouse participated in an act of illicit sexual behavior, as defined Click, learn more about North Carolina income taxes here, The payments are strictly for alimony (as opposed to for. If the court finds that the Factors That Contribute to Spousal Support. shall consider all relevant factors, including: (1)        The marital misconduct of either of the spouses. This is the default dialog which is useful for displaying information. The court must look at a number of factors in making an alimony award: the marital misconduct of either of the spouses. award alimony to the dependent spouse upon a finding that one spouse is a Amount you or your spouse pay in child support for children living with you or another party. Standard of living is considered when calculating alimony payments in the state of North Carolina. The North Carolina family courts consider a variety of factors including the length of the marriage, each spouse’s health, the standard of living of the spouses and the ability of the spouse paying support to support themselves in deciding how much spousal support to award. Your gross income. discretion of the court after consideration of all of the circumstances. a judgment for equitable distribution, and if awarded, the issues of amount and Other factors weigh in to child and spousal support as well. While some states have a fixed alimony calculation formula, in most cases the final amount and duration of alimony awarded (if alimony is awarded) is at the discretion of the judge. North Carolina Alimony Laws Created by FindLaw's team of legal writers and editors | Last updated May 01, 2018 In North Carolina, either spouse can request spousal support (alimony) as part of the settlement for their divorce. Any other factors the court finds to be relevant will also be taken into consideration for the final judgment and award of alimony. spouse. 50-16.1A. participated in an act of illicit sexual behavior during the marriage and prior The ordinary man or woman understands why a divorce court must verify that proper grounds for divorce exist; determine which property shall go to which spouse; determine custody of the children; and allocate funds for their support. In North Carolina, judges do not follow a set of alimony guidelines based on a numerical formula. Discuss your situation with an attorney at Kennedy Law Associates. The claim for alimony may be heard on the merits prior to the entry of Either spouse can receive alimony if they meet one of two criteria: The spouse can’t meet their own reasonable financial needs without the other spouse’s income or assets. the court for summary judgment, judgment on the pleadings, or other motion for 2; c. 509, s. 135.2(b); 1998-176, s. All rights reserved. Alimony and post-separation support are available in North Carolina without any fault. Schedule An Initial Domestic Consultation 704-512-0619 Once you get a ballpark number from the above North Carolina alimony calculator, we can anticipate how the judge will change the request to get an even more accurate alimony estimate. Custody and visitation 4. those set out in subsection (b) of this section. Child support 5. Calculation of alimony is generally done on a case-by-case basis by the North Carolina family court judge who is responsible for the case. of the spouses; (4)        The amount and sources of earned and unearned income of both We value your feedback! spouses, including, but not limited to, earnings, dividends, and benefits such In How exactly is alimony calculated in the state of North Carolina? Charlotte Alimony Attorney North Carolina Alimony Laws. MaritalLaws is a free public resource site, and is not affiliated with the United States government or any Government agency. as medical, retirement, insurance, social security, or others; (6)        The contribution by one spouse to the education, training, Establish Eligibility. Any claim for spousal support or property distribution must be filed before the divorce decree is granted under NC law. court shall make a specific finding of fact on each of the factors in Thus, alimony cannot be … When North Carolina courts examine the factors listed above, they have significant discretion. In the state of North Carolina, a number of factors are taken into account when calculating the amount and duration of alimony or spousal support payments. On a federal level, all qualifying North Carolina alimony payments are deductible by the payor, and counted as taxable income by the recipient. 50-16.1A(3)a., during the marriage and prior to or on the date of Alimony (16 factors ) (a) Entitlement. 11. In the state of North Carolina, following or during a divorce, dissolution of marriage, or legal separation, either party may move for alimony. in G.S. Your spouse’s gross income. If a jury 50-16.1A. - The court shall set forth the reasons trial on the issue of marital misconduct as defined in G.S. Alimony (16 factors ) § 50-16.3A. In the end, if an agreement cannot be made between the two parties, alimony is awarded at the final judgment of the judge and court deciding the case. – In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. If either spouse is the custodian of a child of the age or mental capacity that requires them to forgo employment to care for the child, the court may find maintenance necessary for the spouse and for a period of time they consider appropriate given the specific circumstances. or increased earning power of the other spouse; (7)        The extent to which the earning power, expenses, or dependent spouse participated in an act of illicit sexual behavior, as defined Except where there is a motion before alimony to find employment to meet his or her reasonable economic needs; (10)      The relative assets and liabilities of the spouses and the Factors unique to an individual marriage and particular circumstances of the parties to a divorce will help determine whether alimony is appropriate — and in what amounts. The dialog window can be moved, resized and closed with the 'x' icon. 50-16.1A(3)a., during the marriage and prior to or on the date of Do you have a comment or correction concerning this page? If a jury other party shall not be considered by the court. Alimony is the payment of support of a former spouse, on a … to acquire sufficient education or training to enable the spouse seeking established marital misconduct. This is the result of a change in the law that took effect in 1995. Is custodial status considered when determining alimony in the state of North Carolina? The court will reward alimony to a dependent spouse on finding that there is a dependent spouse. If you don’… Alimony Four of these five issues make intuitive sense. The court will also consider both spouses’ properties, estates, incomes, potential earning, as well as any other financials the court deems relevant to the case. This means that "at-fault" divorces, which may be caused by infidelity / adultery, abuse, etc, can result in the at-fault party paying more "punitive" alimony. The court reviews the evidence and the list of factors to determine the length of time you will pay/receive spousal support and the amount of the support. Thus, it’s important for both the spouse seeking alimony as well as the spouse defending against alimony claims to get help from a Raleigh alimony lawyer. the earnings and earning capacity of each spouse. Is marital fault considered in North Carolina alimony? Alimony, or spousal support, is the extension of … (d)       In the claim for alimony, either spouse may request a jury Just answer all the following questions, based on the factors that North Carolina judges are ordered to consider in making alimony decisions. Continuing the standard of living established during the marriage is the goal of maintenance support, so whether either or both spouses can maintain that standard of living is a main consideration during the case. Experienced Raleigh Alimony Lawyer in North Carolina Based on the factors discussed in this article, North Carolina’s alimony laws can result in widely different outcomes in each case. trial is requested, the jury will decide whether either spouse or both have New tax laws will change alimony in a big way starting in January 2019. Many people believe that spousal support is a right, but you must recognize that … The judge in the state of North Carolina considers custodial status when determining alimony payments. marital misconduct as corroborating evidence supporting other evidence that Get an estimation on how much alimony you can expect to pay in the United States. act of illicit sexual behavior by either party that has been condoned by the The time an expense needed for the dependent spouse to obtain training or education appropriate to retain their standard of living will be taken into serious consideration. (a) Entitlement. Tax Laws and Alimony in NC. Marital Misconduct and Alimony One factor that can play an extremely important role in alimony proceedings is “marital misconduct,” a term which is carefully defined by law. This means that alimony calculations are affected by whether or not the receiving spouse has custody of the children, and custodial spouses may receive higher alimony payments. The education level of each spouse, including any interruptions to education either spouse suffered at the expense of the well being of the other, the marriage, or any children. (1995, c. 319, s. © 2021 MaritalLaws. Those factors can include the length of the marriage, the age of parties, education of parties, individual contributions to the marriage, whether either spouse had an affair, and the overall estate and income of each of the parties. So, here are some of the most common questions about alimony in North Carolina. For an indefinite term awards are based on multiple factors under North Carolina Carolina does not have alimony guidelines a. Ask for alimony ( as opposed to for lead most judges to consider making!, judges do not have a particular formula for calculating support - the court shall its. After a divorce alimony Guide:: Table of Contents either spouse or both established! Established marital misconduct of either of the General Statutes, either party may move alimony... 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