What Factors Determine Alimony Awards in North Carolina Divorce Cases?
What Factors Determine Alimony Awards in North Carolina Divorce Cases?
In a North Carolina divorce, one of the most significant financial considerations is whether alimony—also known as spousal support—will be awarded. Unlike child support, alimony is not calculated using a strict formula. Instead, the court examines several factors to determine whether alimony is appropriate, how much should be awarded, and for how long.
At The Stiltner Law Firm, PLLC, we assist individuals in Hickory and the surrounding areas with navigating the complexities of divorce, including alimony determinations.
Key Factors That Influence Alimony in North Carolina
1. Dependent and Supporting Spouse Roles
Alimony in North Carolina is only awarded when one spouse is financially dependent on the other. The “dependent spouse” is the one who relies on the other for financial support, and the “supporting spouse” has the ability to provide that support.
2. Standard of Living During the Marriage
The court considers the lifestyle the couple maintained during the marriage. If one spouse has significantly fewer resources or earning capacity post-divorce, the court may award alimony to maintain a standard of living similar to that experienced during the marriage.
3. Income and Earning Capacity
The court evaluates each spouse’s current income and potential for future income. If one spouse has limited education or work experience, this may justify an alimony award, especially if the spouse left the workforce to care for the family.
4. Duration of the Marriage
Generally, longer marriages are more likely to result in alimony awards. For example, a spouse who was married for 20 years and never worked outside the home may be more likely to receive support than someone exiting a short-term marriage.
5. Contributions to the Marriage
Contributions can include not only financial support but also non-monetary contributions such as homemaking, child-rearing, or supporting a spouse through school or career advancement.
6. Marital Misconduct
North Carolina is one of the few states that still considers marital misconduct—such as adultery or abandonment—when deciding alimony. If the dependent spouse committed adultery, they may be barred from receiving alimony. On the other hand, if the supporting
spouse was unfaithful, it could strengthen the dependent spouse’s case for alimony.
7. Age and Health
The court also looks at the physical, mental, and emotional health of both spouses. Health issues that limit a spouse’s ability to work may be a reason to grant alimony.
Duration and Type of Alimony
Alimony can be temporary or permanent, and the court has discretion in determining the length of payments. In most cases, the goal is to provide support until the dependent spouse becomes self-sufficient. However, in some long-term marriages, permanent alimony may be awarded.
Get Legal Guidance on Alimony in Hickory
Alimony determinations are often one of the most contentious parts of divorce. At The Stiltner Law Firm, PLLC, we offer trusted legal assistance to individuals in Hickory who are facing or considering divorce. Our goal is to help you understand your rights and secure fair outcomes regarding spousal support.
