When is Spousal Support or Alimony Awarded in North Carolina?

  Spousal support may be awarded to a dependent souse in North Carolina if a North Carolina Court deems it equitable after considering: (1) The marital misconduct of either of the spouses. (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; and (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.
However, spousal support may not be awarded if the court finds that the spouse requesting alimony participated in any illicit sexual behavior prior to the date of the couple’s separation unless both spouses participated in illicit sexual behavior or the spouse requesting alimony’s illicit sexual behavior was condoned by the other spouse. (North Carolina General Statutes Chapter 50 Divorce and Alimony Section 16.3A)

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