He says she should not spend so much money. Moreover, husband says, he cannot afford to pay the amount of alimony wife has requested. He says wife ought to get a job and work towards supporting herself.
Unlike child support, in general North Carolina law provides no formula for determining the amount or duration of alimony. In many cases, alimony is not awarded at all. If, on the other hand, one spouse earns significantly more income than the other spouse, then alimony may be awarded.
Once a spouse who earns less is deemed dependent, the amount and duration of alimony payments must be determined. In general, longer marriages result in alimony awards of greater duration. Parties who earn higher incomes can expect pay more significant monthly sums of alimony than parties with more modest incomes. It is important to note, however, that North Carolina judges can and do exercise a wide range of discretion in crafting alimony awards.
The absence of any formula for determining the amount and duration of alimony as well as the wide disparity in awards handed down by judges can create difficulties for parties and lawyers seeking to resolve alimony issues in contested divorce cases. When determining whether a spouse is entitled to alimony, marital misconduct is relevant and must be considered by the court.
If a higher-earning spouse is ordered to pay alimony to a dependent spouse, North Carolina case law appears to suggest that marital misconduct committed by the higher-earning spouse will result in higher monthly alimony payments or a longer duration of alimony payments—or both. However, in order for a husband to seek to bar his ex-wife from receiving alimony on this basis, he must not have committed adultery himself.
Call toll free at or Contact Us Here. References: Tax Treatment of Alimony. Find out how simple the divorce process can be when you work with a law firm that puts you first. Book your consult today! He was absolutely amazing! I really appreciated that I could always email with an questions or concerns and always received a response in a very timely manner.
Dan made me feel very comfortable throughout the whole divorce. He always made me feel like he took time to listen to the issues that were important to me and made sure to help put those issues as a top priority. I would absolutely recommend this law firm to friends and family and call them if I have any family law needs in the future. Full Google Review. How is Alimony Calculated? Book My Consultation. Regardless of the type of alimony selected, the court must state a specific amount. The judge takes several factors into account when deciding the alimony award.
These include the health and earning capacities of the husband and the wife, all sources of income of both parties, the reasonable needs of the wife and the child or children, the necessary living expenses of the husband, and the estimated income taxes each party pays.
The judge will also consider other related issues and circumstances presented in evidence. The judge strives to set an alimony amount that will provide the receiving spouse with approximately the same standard of living as experienced in the marriage. This gives the court a large degree of discretion. For example, if the receiving spouse was the defendant in the divorce suit, that does not prevent the court from awarding alimony.
However, the amount must be reasonable, and that spouse must be almost destitute without those funds. The court also recognizes that the paying spouse has the right to live as normal a life as possible and maintain a decent standard of living.
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