Can Alimony be paid from Equitable Distribution?

I read in the FAQ’s where “According to express statutory provisions, distribution of marital property must be without regard to the issues of alimony and child support” but I’m wondering if the reverse holds true. I don’t have the ability to pay Alimony according to 50-16.1A definition that a “Payor” means any payor of disposable income. To be specific I’m referrencing this to my cash flow in which my expenses currently exceed after tax income. However, it seems opposing party is going to argue that once equitable distribution occurs (from which I will obtain my portion of equity from the martial home), that I will THEN have the ability to pay Alimony.

Is opposing party’s argument a valid argument? Does anybody know of any case law regarding similar cases?

Thanks so much for chiming in!

You are not required to deplete your estate to pay alimony. Alimony is based on the incomes of both parties, the accustomed standard of living of both parties, and other Alimony Factors.

Anna Ayscue

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

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