Alimony By The Numbers

No matter where it starts, at some point the conversation almost always turns to money. It may be an amicable and straightforward chat – or it might turn into a bitter, ongoing struggle. Before it gets to that point, it’s important to understand where alimony comes from, and what it’s based on.

That’s where North Carolina statute 50-16.3A comes in. This is the law that spells out who’s entitled to alimony, and how decisions about alimony are approached by the courts. And it turns out there’s a lot to consider. Take a look (and remember, it was written by lawyers):

1. The marital misconduct of either of the spouses. (“Marital misconduct” – defined more specifically in the statute–– includes, among other types of of marital fault, adultery, drug and alcohol abuse, abandonment, reckless spending and violence. And special mention is made of the fact that any hanky-panky that takes place AFTER the date of separation is fair game as corroborating evidence for marital misconduct BEFORE 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 earnings, dividends, and benefits such as medical, retirement, insurance, social security, etc.
5. The duration of the marriage.
6. The contribution by one spouse to the education, training or increased earning power of the other.
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 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.

So what does this all mean?

Quite simply, know your rights. Understand what the courts look at. Maintain a clear, detailed and easily accessible history of your financial affairs. And above all, make sure you’re aware of all the financial assets and liabilities that are held by you and/or your spouse.