Which Spouse is Entitled To Alimony?

For purposes of deciding whether a spouse is entitled to Alimony courts look to see if one spouse is financially dependent or reliant on the other spouse. One is financially dependent on a spouse if one would not be able to pay for living expenses and/or maintain a standard of living that occurred during marriage but for the supporting spouse. If a court determines that one spouse is dependent on the other spouse the court will then ask if it is fair that the dependent spouse receives alimony. In determining whether it is fair or not courts consider things like

  • Marital Misconduct
  • How much each spouse earns
  • Length of the marriage
  • Contribution of one spouse to the earning power of other spouse
  • Who will be taking care of the children
  • The education of each spouses
  • Whether one spouse made contributions as a homemaker

Other factors the courts take into account are laid out in North Carolina General Statute (N.C.G.S. 50-16).

What is the Role of Marital Misconduct?

Martial Misconduct including, among other things, sexual acts outside of the marriage, have a dramatic impact on whether or not alimony will be awarded. If the court finds the that the dependent spouse, or the seeking spouse, committed pre-separation martial misconduct, the court may not award alimony because of the marital misconduct. If the court finds the that the supporting spouse, or the paying spouse, committed pre-separation martial misconduct, the court must award alimony because of the marital misconduct. If the court finds that both spouses committed pre-separation martial misconduct, the court has discretion to determine if anything will be awarded.

Are You Looking for a Family Law Lawyer in Charlotte, NC?

If you are looking for family law assistance, you need to speak with an experienced family law attorney as soon as possible. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation.

Join The Conversation
Post A Comment