Written by Jonathan Breeden
In a divorce, the court may divide marital property and debt via equitable distribution. It may also award spousal support, or alimony, to one party to support that party’s reasonable needs. In determining whether to award alimony and how much should be allocated, the court will consider many factors, including marital misconduct.
If you have questions regarding a divorce or award of alimony, North Carolina divorce lawyer Jonathan Breeden can help. He will evaluate your case and help you obtain the best outcome possible. Call him today at (919) 661-4970.
Either spouse may request an award of spousal support. The court will then determine which spouse is dependent and which is supporting based on income and other financial records. A dependent spouse is a spouse who cannot afford their reasonable bills on the income they earn and the child support they receive, if any. A supporting spouse is a spouse who has extra income left over each month after they pay their reasonable bills, including child support. An award can only go to a dependent spouse. The amount of alimony, frequency of payment, and length of payment is also determined by the court.
Factors considered when determining whether to award alimony and how much support should be given include the following from North Carolina General Statutes Chapter 50-16.3:
There is a supporting spouse and the dependent spouse after a North Carolina divorce. You are typically considered the supporting spouse if you earn the most money. North Carolina law looks for the spouse who financially supports the other. A supporting spouse can be either a man or woman. It is a financial and practical consideration, not one based on gender. The dependent spouse is of course the spouse who is being paid alimony.
If the supporting spouse is the one proven to be unfaithful during the marriage, they will be ordered to pay alimony. If the dependent spouse is found to have committed marital misconduct, their request for support may not be considered.
Cheating is a common form of marital misconduct. However, North Carolina also recognizes eight other ways in which a spouse may be considered to have seriously mistreated the other.
North Carolina General Statute (NCGS) §50-16.1A(3) defines marital misconduct as any of the follow acts that took place during a marriage, and before the date of separation:
As with cheating spouses, the court will look at who did what to whom and how long the acts were committed. In fact, the court reserves the right to review incidents that occurred after the couple separated if those incidents corroborate the evidence presented for events that happened during the marriage. Either spouse may also request a jury trial when determining marital misconduct and its effect on an alimony award. In such a case, the jury may decide if marital misconduct was committed, but only a judge can award an amount and duration of alimony.
Divorce is an emotional process that a person should not have to deal with alone. Seeking the advice of a family law attorney can make your divorce case and alimony issues go much more smoothly. North Carolina divorce attorney Jonathan Breeden is experienced in dealing with the intricacies of divorce cases, including alimony and marital misconduct issues. If you are looking for an experienced attorney to help you with your case, call (919) 661-4970 today.