How is alimony calculated in North Carolina

If you are getting a divorce in North Carolina, you might wonder how alimony is calculated. This is a fair question. However, there is no formula for calculating alimony in North Carolina. Judges have significant discretion in determining whether and how to award alimony to spouses. That’s why you need an assertive and experienced lawyer to advocate for your interests in divorce court.

What Different Factors Will Courts Consider When Deciding How Much Alimony Will Be?

Under North Carolina law, the court may consider the following factors in determining the amount, duration, and manner of alimony:

• Each spouse’s current income, including earnings, dividends, and benefits
• Each spouse’s earning potential
• Each spouse’s age and physical, mental, and emotional health
• Each spouse’s needs compared to the other’s
• Each spouse’s education level compared to the other’s
• The amount of time necessary for one spouse to get education, skills, or training to secure employment to meet their economic needs
• Whether one spouse contributed to the other’s education, training, or increased earning potential
• A spouse’s contributions as a homemaker
• The impact of childcare responsibilities on a spouse’s earning potential and expenses
• The marriage’s duration
• Both spouses’ standard of living during the marriage
• Each spouse’s property before the marriage
• Tax implications of awarding alimony
• Whether either spouse committed marital misconduct, which includes illicit sexual behavior, reckless spending, abandonment, cruel treatment, and excessive drug or alcohol use
• Any other facts that affect the spouse’s relative economic circumstances

Will I Have to Pay Alimony If My Spouse Earns an Income Similar to Mine?

If both spouses earn similar incomes, the court will likely not award alimony. That’s because the court generally awards alimony to a dependent spouse. A spouse with an equivalent income will not depend on the other to provide for their needs.

However, many factors can affect the court’s decision-making, so it cannot be ruled out. An experienced divorce attorney can review your case and advise you on how the court might rule.

If My Spouse Committed Adultery Before We Were Separated, Will They Still Be Able to Receive Alimony?

North Carolina law prohibits courts from awarding alimony to a dependent spouse who participates in illicit sexual behavior with another person while married. Illicit sexual behavior can include sexual acts and intercourse of any kind. Courts must also order a supporting spouse who participates in illicit sexual behavior during marriage to pay alimony to the dependent spouse.

However, adultery will not be considered if the other spouse condoned it. If both spouses participate in illicit sexual behaviors during the marriage, the court has discretion in denying or awarding alimony.

Proving adultery can be significant in divorce proceedings. An experienced divorce lawyer can obtain evidence necessary to prove adultery, which may include the following:

• Direct evidence – While rare, direct evidence can provide concrete proof of adultery. Direct evidence might include confessions by the spouses in written correspondence or taped conversations explicitly acknowledging the affair.
• Circumstantial evidence – Because direct evidence of adultery is often hard to find, you may need to rely on circumstantial evidence. This proof indirectly suggests infidelity happened by pointing to various circumstances and factors. Examples of circumstantial evidence may include photographs, videos, or audio recordings that capture the parties engaged in intimate behavior. It may also involve hotel receipts, travel itineraries, or credit card statements indicating unusual or suspicious activities.
• Private investigations – Your lawyer may hire a private investigator to gather information and document the actions of a potentially unfaithful spouse.
• Digital evidence – In the digital age, electronic communications and online activities can provide valuable evidence of adultery. This can include emails, text messages, social media interactions, dating app profiles, or explicit photos exchanged between the parties.
• Witness testimony – Witnesses with direct knowledge of the affair or relevant information may testify in court. These witnesses could include friends, family members, co-workers, or acquaintances who can attest to the spouse’s infidelity. Their credibility and reliability are essential factors in evaluating their testimony.
• Financial records – In some cases, financial records can provide evidence of adultery. Unusual or suspicious expenditures, such as gifts, trips, or payments to a third party, may indicate an extramarital affair. The court may consider bank statements, credit card records, or other financial documents that show discrepancies or patterns to support the claim of adultery.

Is Alimony Always Awarded in a Divorce in North Carolina?

Every divorce is different, so alimony is not always awarded in North Carolina. Many factors impact the court’s decision on whether to award alimony. Even before a divorce is finalized, the court may provide one spouse with separation support. However, separation support does not guarantee the awarding of alimony.

If the court decides to award alimony to a dependent spouse, it will make determinations regarding the following:

• Amount – The amount will depend on several factors, including the duration of the marriage, the relative income and earning potential of the two spouses, and the spouses’ previous standard of living in the marriage.
• Duration – The court may award alimony temporarily or permanently. However, permanent alimony will end if the dependent spouse remarries or cohabitates with a new partner.
• Method – The court may order alimony paid via a lump-sum payment, monthly payments, or automatic withholding from the paying spouse’s wages.

Contact a North Carolina Divorce Lawyer

Because courts often have discretion in awarding alimony, you need an experienced, effective divorce attorney to build a solid case in your favor. If you are facing divorce in North Carolina, contact The Law Offices of John Drew Warlick, P.A. today to learn how one of our North Carolina divorce lawyers could help you.

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