Disposition of an Alimony Claim

All alimony cases are decided by a judge, not a jury. However, when marital misconduct has been alleged by either party, a party may request a jury trial on the issue of marital misconduct. 

North Carolina Gen. Statute § 50-16.3A(b) sets forth a series of 16 factors to aid judges in determining alimony claims. Those factors are as follows:

1. The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post-date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to the date of separation;
2. The relative earnings and earning capacities of the spouses;
3. The ages and the physical, mental, and emotional conditions of the spouses;
4. The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;
5. The duration of the marriage;
6. The contribution by one spouse to the education, training, or increased earning power of the other spouse;
7. The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
8. The standard of living of the spouses established during the marriage;
9. The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;
10. The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
11. The property brought to the marriage by either spouse;
12. The contribution of a spouse as homemaker;
13. The relative needs of the spouses;
14. The federal, state, and local tax ramifications of the alimony award;
15. Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
16. The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property.

The judge must consider all relevant statutory factors for which evidence is offered, but it is within the scope of the judge’s authority to determine how much weight should be given to such factors based on the circumstances of the case and the evidence presented. 

In deciding the amount, duration, and manner of payment of alimony, a judge is permitted to require alimony payments to be paid periodically, in a lump sum, or by property transfer. The most common method is for alimony to be paid directly to the recipient spouse on a monthly basis.

Alimony claims are usually determined after equitable distribution. This allows the court to consider how the marital estate was distributed between the parties in determining whether to award or deny alimony. This is because the division of the marital estate may impact both parties’ financial circumstances. For example, if a dependent spouse is awarded income-producing assets and an interest in a retirement plan, it may reduce the amount of alimony that he/she would need in the immediate term and in the future. Likewise, it may reduce income that might otherwise be available to the supporting spouse.

If you are a dependent spouse seeking support, or a supporting spouse defending against a claim for spousal support, the family law attorneys at Hopper Cummings can help. We can provide you with a candid assessment of the merits of your case, discuss options that are available, and ensure that your legal rights and interests are protected. We are committed to achieving client satisfaction through effective advocacy, and prompt and personalized client service. 

Call us today at 919-533-4115, or complete our online form for a confidential consultation with one of our family law attorneys.