Alimony after separation for three years

North Carolina Divorce Law Divorce and Separation Answers
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There are many factors that influence an alimony award and it’s still possible that your wife could still receive alimony from you if you are the supporting spouse and she is the dependent spouse. Of course, her lack of filing any alimony claims for several years after the separation could hurt her argument.

Alimony Factors:

  1. The marital misconduct of either of the spouses.
  2. The relative earnings and earning capacities of the spouses.
  3. The ages and the physical, mental, and emotional conditions of the spouses.
  4. The amount and sources of earned and unearned income of both spouses, including earnings, dividends, and benefits such as medical, retirement, insurance, social security.
  5. The duration of the marriage.
  6. The contribution by one spouse to the education, training or increased earning power of the other.
  7. 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.
  8. The standard of living of the spouses established during the marriage.
  9. 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 to meet his or her reasonable economic needs.
  10. The relative assets and liabilities of the spouses and the relative debt of the spouses, including legal obligations of support.
  11. The property brought to the marriage by either spouse.
  12. The contribution of a spouse as homemaker.
  13. The relative needs of the spouses.
  14. The federal, State, and local tax ramifications of the alimony award.
  15. Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
  16. 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.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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