If you and your spouse have separated or are thinking of separating, the word “alimony” has probably come up.
So, what is alimony exactly?
Alimony is a payment for the support and maintenance of a spouse or former spouse. It can be periodic, like once per month, or it can be payable in a lump sum. The alimony can continue for a specific amount of time, like five years, or it can continue indefinitely. A spouse seeking alimony can file a claim in court or the parties can negotiate it as part of a separation agreement. A trial court’s award of alimony requires a two-part inquiry.
1. Is a party entitled to alimony? In making this decision the court has to find that (1) the party requesting alimony is dependent on the other spouse, (2) the other spouse is a supporting spouse, and (3) an award of alimony is equitable considering certain relevant factors. The NC General Statutes define a dependent spouse as one “who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.” N.C. Gen. Stat. § 50-16.1A(2). The court can look at the reasonable monthly expenses of the spouse requesting alimony. If those reasonable monthly expenses exceed that spouse’s monthly income and there are no other means (such as employment) to meet those expenses, then the court can find that she or he is a dependent spouse.
2. What is the amount and duration of alimony? Here are a few of the factors:
· marital misconduct of either spouse
· the relative earnings and earning capacities of the spouses
· the ages of the spouses
· the amount and sources of earned and unearned income of both spouses
· the duration of the marriage
· the standard of living of the spouses during the marriage
· assets and liabilities of the spouses
· the relative needs of the spouses
The NC General Statutes lay out those factors explicitly in NCGS 50-16.3A(2). In addition, if a dependent spouse has engaged in “illicit sexual behavior,” then the dependent spouse is barred from receiving any alimony.
Alimony can be complicated but we can walk you through the steps of the process and discuss how the different factors in the statutes apply to your situation. Contact us today!