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North Carolina Spousal Support/Maintenance/Alimony Factors

In North Carolina the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the General Court of Justice will order support from one spouse to the other on a case-by-case basis as follows:

The court will determine the amount and the duration of the support after examining all the relevant economic factors, including: (A) Any marital misconduct. (B)  The spouses earning capacities. (C)       The ages and the health conditions of the spouses; (D) the income and assets of each spouse. (E)       The length of the marriage; (F)       The contribution by one spouse to the education, training, or increased earning power of the other spouse; (G)       The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child; (H)       The standard of living of the spouses established while married; (I)       The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment (J)  The debts of each spouse. (K)     The property brought to the marriage by either spouse; (L)     The contribution of a spouse as homemaker; (M)     The relative needs of the spouses; (N)  Any tax consequences; (O)     Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. (P)     The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property. (North Carolina Statutes - Chapter 50 - Sections: 50-16)

You can also read more about North Carolina spousal support in the North Carolina state statutes located at: http://www.ncga.state.nc.us/.