In North Carolina, alimony, or spousal support, is determined based on several factors rather than a strict formula. Here’s a detailed overview of how alimony is calculated in the state:

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Definition and Types of Alimony

Alimony refers to financial support one spouse provides to the other after separation or divorce. In North Carolina, it is typically awarded to a dependent spouse, who is defined as someone substantially reliant on the other spouse for maintenance and support. There are generally two types of alimony payments:

  • Post-Separation Support: Temporary financial assistance during the divorce process.
  • Permanent Alimony: Awarded after the divorce is finalized, based on long-term needs.

Calculation Process

The calculation of alimony in North Carolina involves several steps:

  1. Assessing Income: The court evaluates both spouses’ gross incomes and reasonable expenses to determine their net incomes.
  2. Calculating Differences: The difference between the spouses’ incomes is calculated. For example, if one spouse earns $4,000 per month and the other earns $1,500, the difference is $2,500. This amount is then divided by two to propose a potential alimony amount of $1,250 per month for the dependent spouse.
  3. Evaluating Needs and Ability to Pay: The court considers the dependent spouse’s financial needs (i.e., income versus expenses) and the supporting spouse’s ability to pay after accounting for their own expenses.
  4. The dependent spouse shall receive alimony if the court finds that the spouse is dependent and alimony is equitable after considering all relevant factors in the statute. N.C. GEN. STAT. § 50-16.3A(a) (2011).  Dependent spouse is defined as a spouse who is actually substantially dependent upon the other spouse for maintenance and support or is in substantial need of maintenance and support from the other spouse. § 50-16.1A(2).  If the dependent spouse has engaged in illicit sexual behavior, defined § 50-16.1A(3)a,during the marriage or prior to the date of separation, the court shall award no alimony.  If both spouses have engaged in illicit sexual behavior, than awarding of alimony is at the discretion of the court. § 50-16.3A(a). 
  5. The court shall exercise discretion in determining the amount and duration after considering all relevant factors.
  6. § 50-16.3A(b) (listing sixteen factors).   The court must also set forth its reasoning for awarding or denying alimony, the amount, duration, and method of payment with findings of fact on the relevant factors. § 50-16.3A(c).  Alimony order can be modified by motion and showing of changed circumstances or if dependent spouse cohabitates with another or remarries. § 50-16.9(a),(b). 

Factors Influencing Alimony

North Carolina courts consider various factors when determining alimony amounts and duration including but not limited to the following:

  1. Marital Misconduct: If either spouse engaged in misconduct (e.g., adultery), it can influence alimony decisions.
  2. Earning Capacities: The relative earnings and potential earning capabilities of both spouses are assessed.
  3. Duration of Marriage: Longer marriages may result in longer alimony payments.
  4. Health and Age: The physical and emotional health of both spouses can impact needs.
  5. Standard of Living: The lifestyle established during the marriage is considered when determining support needs.

Conclusion

While the AAML calculator is not dispositive or absolute in determining the amount of alimony or marital support, it provides the following guidelines:

Suggested Alimony Amount
Supporting Spouse Gross Income x 30%

  • Dependent’s Spouse Gross Income x 20%
    Suggested Alimony Order *As long as the combined Dependent’s income from the alimony (alimony plus gross income) does not exceed 40% of the total combined income (Supporting and Dependent Spouse combined income)

Suggested Duration
Marriage Length Duration
0-3 years 30% of marriage
3-10 years 50% of marriage
10-20 years 75% of marriage
Over 20 years Permanent

Alimony calculations in North Carolina are complex and depend on individual circumstances rather than a fixed formula. Factors such as income disparity, marital misconduct, and financial needs play crucial roles in determining whether alimony will be awarded and how much will be paid. It is advisable for individuals facing divorce to consult with a family law attorney to navigate these considerations effectively.