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ALIMONY - ARE YOU ENTITLED TO IT?

Alimony, otherwise known as spousal support, is payment for the support and maintenance of a spouse post-divorce. When determining whether an award of alimony is appropriate, the courts will consider all relevant and applicable facts specific to your case (see below). Since courts have great discretion in determining whether an award for alimony is appropriate, as well as determining the amount, duration, and mannner of any subsequent payments, it is imperitive that you seek the advice of a qualified attorney if you believe a claim for alimony applies to your case.

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Divorce is a very taxing process, both emotionally and financially. Our attorneys are adept at providing the compassionate yet straightforward representation necessary to navigate and support you through this difficult time. If you believe a claim for alimony may apply to your case, fill out our online intake form or contact one of our offices today to schedule a consultation with one of our knowledgable divorce attorneys.

  • The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation;

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  • The relative earnings and earning capacities of the spouses;

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  • The ages and the physical, mental, and emotional conditions of the spouses;

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  • 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;

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  • The duration of the marriage;

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  • The contribution by one spouse to the education, training, or increased earning power of the other spouse;

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  • 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;

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  • The standard of living of the spouses established during the marriage;

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  • 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;

  • The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;

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  • The property brought to the marriage by either spouse;

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  • The contribution of a spouse as homemaker;

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  • The relative needs of the spouses;

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  • The federal, State, and local tax ramifications of the alimony award;

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  • Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

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  • 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.

In North Carolina, alimony is governed by N.C.G.S. § 50-16.3A. Alimony is the payment of financial support from a supporting spouse to a dependent spouse upon separation. Whether or not a spouse is "supporting" and "dependent" is a question of fact that varies from case by case generally based on a review of income and liabilities. The statute referenced herein lists sixteen 16 factors the court shall consider when determining the amount of alimony and its duration. Those factors include:

Mother and Son

There is no definitive calculator to determine the amount of alimony a judge might award. In Iredell County, when there is a claim for alimony made by either party, the court requires both parties to complete a Financial Affidavit. This affidavit contains each party's respective income and liabilities. The court will consider evidence presented by the parties (testimony, financial documents, tax returns, etc.) and make a determination based on the unique case at hand. If you have questions about whether you are entitled to receive alimony or whether you are responsible for the payment of alimony, please contact one of our local attorneys in Mooresville, Statesville, or Taylorsville.

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