Spousal support and maintenance (alimony) may be by lump sum or on a continuing basis. North Carolina generally considers a spouse dependent when he or she is can be shown to be in need of maintenance and support from the other spouse.  The court considers fifteen statutory factors in determining whether alimony is appropriate in a divorce proceeding.  These factors are:

• Marital misconduct of either spouse.  When the the marital misconduct is on the part of the dependent spouse, the court may  deem alimony payments as not required.

• Relative income and earning capacity of either spouse

• Age and physical, mental, and emotional conditions of either spouse

• Amount and sources of earned and unearned income of both spouses

• Duration of the marriage

• Contributions by one spouse to the increased earning power of the other spouse

• Affects to the earning power, expenses, or financial obligations of either spouse by custodianship of a minor child

• Standard of living established and maintained during the marriage

• Time and resources  required for sufficient education or training to enable the dependent spouse to meet his or her established economic needs

• Relative assets and liabilities of either spouse (including legal support obligations)

• Assets (property, etc.) brought to the marriage by either spouse

• Contribution of a spouse as other than wage earner

• Relative needs of either spouse

• Federal, state, and local tax effects of the alimony award

• Other factors relating to the economic circumstances of either spouse that the court finds appropriate.

406 Monroe Street,
P.O. Box 1540
Carthage, NC 28327
Phone: 910-947-1500
1-800-987-4325

717-A S. Cox Street
Asheboro, NC 27204
Phone: (336)629-1670
1-800-987-4325