Family Law

Alimony & PSS

In North Carolina, the law provides certain factors for the Court to use in determining whether a financially dependent spouse should receive alimony, the amount and the duration. 

These factors include:

  1. The marital misconduct of either spouses;

  2. The length of the marriage;

  3. The relative earnings and earning capacities of the spouses;

  4. The ages and physical, mental, and emotional conditions of the spouses;

  5. 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;

  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 a 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 above factors can be difficult to understand and a legal analysis of how each factor may or may not affect an award of alimony could be crucial for a financially dependent spouse. The attorneys at Waple & Houk have the experience to help determine if our client is a dependent spouse, if they are entitled to an award of alimony, or if they could be required to pay alimony. 

We understand the importance of financial security, especially during a divorce, a time of turmoil.

We work with our clients to build a quiet confidence to move forward and see a financial future for themselves and their family post divorce.

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