If my ex was the breadwinner, what happens to me? What if I passed up a career opportunity to care for our children? I contributed substantially to our home over the years but not financially, will I get anything if we get divorced?
If you were the dependent spouse in your relationship, you may be entitled to an alimony award – but how much? In North Carolina, there is no set formula for calculating alimony but judges will consider a number of factors when deciding an alimony award.
What is alimony?
Alimony is an amount payable to a dependent spouse, who has substantially relied on the other spouse for financial assistance. During a separation period or after a divorce, one spouse may be ordered to financially support the dependent spouse to maintain a standard of living established in the marriage. Note: North Carolina also has the claim for Postseparation Support, which is another form of spousal support aside from Alimony.
Each marriage is unique, so judges defer to the following factors when deciding if alimony should be awarded, how much, and for how long the payments should continue.
Factors:
- Financial need – Judges look to the financial resources of the dependent or lower-earning spouse, including income and investments as well as debts and liabilities.
- Duration of the marriage – Longer marriages generally result in higher alimony awards and longer terms, especially if there is a large financial gap between the supporting and dependent spouse for a long time.
- Standard of living – Judges look at the standard of living established during the marriage and try to maintain the lifestyle that the spouses were accustomed to while balancing the reality that two households will necessarily be more expensive than one household.
- Earning capacity – Judges look at each spouses’ current income and earning potential, including education, skills, and time needed for training to find appropriate employment.
- Ability to pay – Judges look to see whether the payor spouse is able to meet their own needs while paying spousal support to the dependent spouse, there are situations where a payor spouse’s income is too low to provide alimony even if their income is greater than the dependent spouse.
- Contributions to the marriage – Financial and non-financial contributions including those to the home, supporting the other spouse’s career, and child-rearing are considerations for the Judge.
- Marital Misconduct – In North Carolina, certain misconduct can affect the Court’s decision or denial of alimony, including adultery, domestic violence, abandonment, cruelty, excessive drug or alcohol abuse, and financial misconduct.
- Age and physical, mental, and emotional health of both spouses – Judges consider such circumstances as they can affect how much support is deemed necessary.
- Property – Judges consider the property that each spouse brought into the marriage.
How long do alimony payments last?
A judge will weigh the above-referenced factors to determine the alimony payment term. Payments can be temporary, periodic, or for a set period of time—again depending on financial need, duration of marriage, and ability to pay.
Certain circumstances can cause alimony to stop, including a court order, death of one of the spouses, or if the dependent spouse remarries or cohabitates with a new romantic partner.
Can an alimony award later be modified?
Alimony can generally be modified if Alimony is ordered by the Court initially and there’s been a significant change in circumstances for either party. Some examples include a significant change in income for either spouse, job loss, financial emergency, or an inability to work.
Sorting through your financial needs and thinking through your future economic stability can be an overwhelming process while going through an emotional separation. Consult with a family law attorney to ensure you pay or receive a fair alimony award.
If you or somebody you know is navigating a child support matter, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Olivia A. House
