North Carolina Alimony

Alimony is an award of support that the court may order one spouse to pay to the other following a divorce.  The purpose of an alimony award is to address any shortfall that may exist between expenses and income of a dependent spouse, to the extent the supporting spouse has the ability to address it.  Alimony may be awarded for a specified period of time, or it may be indefinite absent an event cutting off the dependent spouse’s rights, such as remarriage.  The court will make specific findings of fact with regard to the couple’s standard of living during the marriage, as well as the relative ability of the spouses to maintain that standard of living separately following the divorce.  Considerations for the support award may include the supporting spouse’s ability to pay, including his or her employment and assets; the dependent spouse’s earning capacity; contributions by the dependent spouse to the supporting spouse’s education, training, and career during the marriage; the age and health of the parties; and the duration of the marriage, among many other factors.  Unlike in the divorce itself, issues of fault may be introduced in an action for alimony as a factor for the court to consider.  An action for alimony must be instituted prior to a final entry of divorce.  *Failure to initiate an alimony claim prior to the divorce judgment will bar your right to assert such a claim at a later time.*