Will You Owe Your Spouse Alimony After a Divorce in North Carolina?

You may be required to pay alimony after a divorce in North Carolina if the court finds it is necessary to ensure that your ex-spouse can maintain the standard of living they enjoyed during the marriage and that paying it will not unfairly damage yours.

But alimony is not guaranteed in a North Carolina divorce. It is not a given that the ex-husband will be the one who is ordered to pay spousal support. Either party to a divorce may make a case that they deserve to receive alimony and that the other can afford to pay.

If alimony may be an issue in your divorce, then you need an experienced divorce lawyer from The Law Offices of John Drew Warlick, P.A., in Jacksonville, NC, to assist you. A poorly designed separation agreement and divorce order can cause devastating financial consequences that extend far in the future. Seek the guidance of an experienced Jacksonville divorce lawyer.

Who Gets Alimony in North Carolina and Why?

Under North Carolina law, the court may order one party to a divorce to provide payment for the support and maintenance of a spouse or former spouse, for a specified amount of time or an indefinite term. Alimony may be paid periodically or as a lump sum. When granted, alimony is typically ordered as part of a legal action for absolute divorce. But it may also be awarded during a legal separation.

For example, the court may order alimony to be paid for a period of time to allow a dependent spouse to return to school and get a degree so they can then support themselves.

Many people who have not been through a divorce do not understand the financial impact that the dissolution of a marriage has on both parties. Unfortunately, the impact is often more acutely felt by women, especially among older divorcees.

A report by the U.S. Government Accountability Office found that women’s household income fell by 41% following a divorce or separation after age 50, while men’s household income dropped by 23%. If either spouse were to experience multiple events simultaneously, such as becoming divorced and unemployed, the impact on their financial stability would be even worse.

As part of an absolute divorce, the two parties must divide marital assets – money and property acquired during the marriage – in an equitable manner, meaning fairly though not necessarily equally. Under North Carolina law, either party may claim that they deserve alimony because they were dependent on their spouse’s income during the marriage.

With such a claim under consideration, state law (N.C.G.S. § 50-16.3A) says, “The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors.”

What Are the Relevant Factors a Court Considers When Determining Alimony?

Relevant factors include:

• Marital misconduct of a spouse
• Duration of the marriage
• Accustomed standard of living
• Relative earnings and earning potential of the spouses
• Physical, mental, and emotional age and condition of each spouse
• The amount and sources of earned and unearned income of each spouse, including wages, dividends, retirement accounts, insurance, and Social Security benefits
• Assets and liabilities of the spouses
• Costs borne by the spouse who will serve as the custodian of the children
• Relative debts and other obligations of the spouses, including legal obligations of support
• Contribution of one spouse to the education, training, or increased earning power of the other spouse
• The relative needs of the spouses
• Any other factor relating to the economic circumstances of the parties that the court finds to be relevant

Generally, the court looks at the couple’s standard of living over the last several years before separation and whether the spouse seeking alimony can maintain that standard without depleting his or her individual assets. If they cannot, the court will rule that the dependent spouse needs financial assistance from the supporting spouse.

How Can You Avoid an Alimony Award in North Carolina?

To avoid an alimony payment, you need to be ready to counter findings in your spouse’s favor as the judge considers the relevant factors above.

If you and your wife are able to draft a separation agreement prior to taking your divorce to court, you and your attorney may require that it includes a provision that waives alimony and/or post-separation support. This may keep a spouse from changing their mind about the need for alimony.

Other factors to consider:

• Length of marriage. If your marriage did not last long, it may be easier to avoid an alimony award.
• Relative earnings. If you and your spouse earn comparable incomes or you earn less, you can dispute the claim that your spouse was dependent on you.
• Relative debts and obligations. The court will not leave you destitute to ensure your former spouse’s standard of living. That’s not equitable. If you can demonstrate that you truly cannot afford alimony because of other debt and financial obligations, you may avoid an order to pay. However, if these obligations will terminate in the years ahead, a divorced spouse may file for alimony again at that time.
• Misconduct. Adultery is not grounds for divorce in North Carolina, but the court will take into account marital misconduct when considering an alimony claim. If the dependent spouse committed adultery, the court may deny them alimony. On the other hand, if the supporting spouse committed adultery, the court is more likely to award alimony to the dependent spouse. Adultery will not be a factor if your spouse can show that you knew about and previously forgave them for cheating.

Contact an N.C. Divorce Lawyer About Alimony Concerns Today

The Jacksonville divorce lawyers of The Law Offices of John Drew Warlick, P.A. will do everything possible to mitigate the financial impact of your divorce on you. Our experienced attorneys will review the financial statements you and your spouse are required to provide as part of divorce proceedings and assess what is an equitable arrangement for the division of assets and alimony. We will work to protect your financial interests while guiding you through the process of divorce.

Contact us today at 910-455-7700 or online for help determining whether you will owe your spouse alimony after a divorce in North Carolina.

Visit our Divorce and Family Law Offices in Jacksonville, NC