Will I Have to Pay Alimony in a North Carolina Divorce?
Like most states, North Carolina has updated its divorce laws, including alimony guidelines, in response to changing cultural realities. North Carolina revamped its alimony statutes in 1995 amid similar revisions by states across the country. The notion that women did not, or could not, work and support themselves was outdated. Ironically, the advent of no-fault divorces ushered in an era that requires spouses to prove fault---or at least economic need---in order to receive alimony. Dependence isn't a foregone conclusion, and North Carolina considers many factors in determining whether alimony will be paid, and how much.
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Marital Conduct & Duration
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The term that actually appears in Section 50-16.3A of the North Carolina General Statutes is, "In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including: The marital misconduct of either of the spouses." This section goes on to conclude that the court can and will consider post-marriage behavior---such as adultery---as evidence of similar misconduct during the marriage. A dependent spouse who commits an "illicit sexual act" won't receive alimony and a supporting spouse who does likewise will pay alimony. The length of the marriage also is considered. A wife of 25 years who has never worked and raised three children will probably get alimony. Other behaviors, such as drunkenness or drug abuse, also are taken into account.
Earnings Issues
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Before awarding alimony, the court must determine that one spouse is financially dependent upon the other. To arrive at such a determination, the court weighs the relative earnings of each spouse and the potential, or capacity, for future earnings. Non-wage earnings like stock dividends, social security payments, pensions and medical benefits are factors. Large discrepancies between spouses' situations favor the spouse with less earning power and potential.
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Physical & Mental Issues
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Each spouse's age, physical condition, medical situation, and mental or emotional state are taken into account. A bed-ridden, 75-year-old man with Alzheimer's disease probably will be awarded alimony from a healthy 50-year-old, working wife, depending on other factors.
Financial Considerations
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Aside from earnings issues, other financial factors are involved, including a couple's current standard of living, jointly owned property, and other assets like savings and retirement accounts. Behaviors such as educational support, and how such actions by one spouse contributed to the earnings and earning capacity of the other spouse, are considered. North Carolina doesn't allow, for example, a husband to walk away from a marriage after his wife spent eight years putting him through medical school---at least not without the husband paying for his actions. The value of property brought into a marriage---an art collection, for instance---is considered and may be deemed the property of the original owner. A spouse's contribution as a homemaker can be valued at a dollar amount. Also, relative needs are considered, such as one spouse needing more money for business purposes.
Children
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Which spouse acts as the primary child custodian obviously will play a large role in determining alimony (as well as child support). It's assumed the primary custodian's ability to earn a living will be impacted.
Tax Ramifications
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The court generally will not issue an alimony order that unduly burdens one spouse with a majority of tax liability. A divorce's resultant tax ramifications, such as joint income taxes owed or property taxes due, will be factored into an alimony judgment. Alimony is reportable by the paying spouse provided certain criteria are met.
Summary
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North Carolina law doesn't specify which factors a judge may deem more important than others, nor does the state "weigh" the factors by statute. The court's discretion is vast.
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