Alimony or Spousal Support

Alimony, sometimes referred to as spousal support, is monies paid by one ex-spouse, the supporting spouse, to the other, dependent spouse. The monies that are paid are characterized as either post-separation support or alimony, depending on when the payments are to be made and for what duration.

The parties may make independent accommodations, typically via a separation agreement, for the division of property that takes into consideration the financial needs of a previously non-working spouse. For example, when there is a need for the non-working spouse to remain in the home to tend to a child with special physical needs, or because of a spouse's physical limitation.

Post-Separation Support

In 1995, the North Carolina State Legislature began using the term “post-separation support” to refer to temporary funds paid to the dependent spouse during the separation period of the marriage. The analysis is similar to the analysis done to determine who is a dependant spouse and who is a supporting spouse. However, unlike alimony -- where an extramarital affair will bar the award -- a party may challenge post-separation support and the dependent spouse's entitlement to receive any payments.

For instance, the court may consider the illicit sexual behavior of one party; the involuntary separation of the spouses as a result of criminal conduct; abandonment; malicious turning out of doors; cruel or barbarous treatment endangering the life of the other spouse; indignities rendering the condition of the other spouse intolerable and their life burdensome; reckless spending of the income of either party; the destruction, waste, diversion, or concealment of assets; excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome, and the willful failure to provided necessary subsistence according to one’s means and condition so as to render the condition of the other spouse intolerable and life burdensome.

Factual Analysis: Factors to determine amount of support

Currently, North Carolina has no official guidelines in place governing the amount of post-separation support or alimony a dependent spouse can receive. A judge makes individual determinations based on numerous factors, such as how much the dependent spouse needs versus how much the supporting spouse can afford. The needs of the dependent spouse are determined by taking into consideration the parties' standard of living during the marriage. There is no obligation, however, to pay more support than is required by law, and there is no right to receive more than the law states.

The analysis is partially based upon the income of the parties at the time of separation and divorce. Except in marriages of long duration (ten years or greater), or in the case of an ailing spouse, alimony generally lasts for a set period; the idea being that the recipient spouse will become self-supporting.

Alimony is not considered a right. In North Carolina, the determination of alimony may be based on a number of factors, including:

  • Length of marriage
  • Age of each spouse
  • Health of each spouse
  • Education level of each spouse
  • Income of each spouse
  • Standard of living each spouse enjoyed while married
  • Other financial resources of each spouse
  • The debt service of the parties
  • Marital fault issues

Tax Consequences

Typically, alimony is considered income to the recipient, and is therefore tax deductible for the supporting spouse. Please check with your CPA or tax attorney to see what impact the paying or receiving of alimony may have on your case.

If you feel you should be receiving spousal support or would like more information regarding your individual situation, please contact us today to schedule an appointment to speak with one of our experienced Family Law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.