Divorce Guide

Divorce Guide

North Carolina Divorce Alimony

The North Carolina divorce alimony is awarded to spouse who is found to be dependent on the other. Earlier, the term ‘dependent’ was some what interpreted as when the receiving spouse has low income compared to the other. But in actuality it means that when one spouse is entirely dependent on the financial resources of the other to support one’s own living.

Unlike most states, the court does account the marital misconduct committed by the spouses while determining North Carolina divorce alimony. The economically strong spouse is burdened with alimony if he or she is found to have carried out adultery or any form of illicit sexual activities. On the other hand the payment of alimony is denied to the financially weak spouse if he or she has been proved to have committed marital misconduct. In case both the parties have been involved themselves in any form of marital misconduct, the court hold the absolute authority to decide whether the alimony is to be paid or not depending upon the various circumstances and degree of the misconduct.

There are several other factors that are taken under consideration while deciding on the North Carolina divorce alimony.
  • The earning capacity of both the spouses.
  • The ages, conditions of physical and mental health of the couple.
  • The earned and unearned income generated by both the spouses even the incomes about to be earned from dividends, benefits, securities for medical and retirement are considered while determining the alimony.
  • The duration of the marital life.
  • The contribution made by the recipient spouse including both financial and non-financial for the benefit of the family while the other spouse was busy in pursuing in his or she career ambitions.
  • The obligations on earning capacity faced by the parent when awarded with child custody.
  • The quality of life enjoyed during the marital life.
  • The educational background and the earning potential in future.
  • The federal and the state taxes levied on the sum to be paid or received as alimony.
In the year 1995, the North Carolina Divorce alimony laws were significantly modified. The laws became favorable for the spouses who are proved to be eligible for receiving post divorce alimony. However, the duration of the payments of the spousal support tended to get reduced and short alimony terms are supposed to be declared for young separated spouse who have the capability of earning their own livelihood by increasing their prospect of employability.

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