Divorce Alimony in North Carolina
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Factors considered in Divorce North Carolina Alimony
The court ponders over the following issues while dealing with the alimony award in this state.
- What are the local, state and federal tax consequences of the specific award of alimony?
- The relative requirements of both partners
- The input of the spouses as a homemaker
- How much property has been brought in the marital life by each spouse?
- What is the relative value of the liabilities and assets of the spouses? What are the relative debt service requirements of the partners, inclusive of legal obligations of support?
- The relative educational levels of the two partners
- How much duration does the spouse seeking maintenance require to attain enough education and training to find a job that would fulfill the own reasonable financial requirements?
- What standard of living has been experienced by the spouses in marital life?
- If a spouse plays the role of a custodian of a minor child, then to what degree would the financial obligations, expenditures and earning power of this spouse be impacted?
- The inputs of one spouse towards the education, training or increased earning power of the other partner
- The duration of marital life
- The sources and amount of unearned and earned income of both the partners, inclusive of but not limited to the following
- Dividends
- Earnings
- Benefits like
- Social security
- Insurance
- Retirement
- Medical
- The emotional, mental and physical states as well as the age of both the partners
- The relative earning capacities and earnings of both the spouses
- Any marital misconduct by any of the spouses: If there are any incidences that prove marital misconduct after the date of separation, these may be used as a confirming proof that supports other proofs that marital misconduct took place in marital life before the date of separation
- Any other factors that the court thinks are just and proper to this topic and is related to the financial circumstances of the spouses
Tax consequences of Divorce North Carolina Alimony
As per state and federal income tax law, the recipient of alimony should include the alimony payment as his/her income and the payer spouse must deduct it from his/her gross income. However, this calculation must be done only if the following conditions are met.
- None of the spouses should have designated these payments as non alimony
- The payments must have been incident to a separation or divorce agreement
- The payments should have been made in cash
- In case of demise of the recipient spouse, the payer does not have any liability for payment
- The spouses should not be currently living in the same household
Termination of North Carolina Alimony
- The court can decide a definite termination date
- If the recipient remarries, the payments are terminated
- In case of demise of either spouse, the alimony ceases
- In case there is continued cohabitation of the recipient with another individual to such an extent that the recipient spouse's expenditures are decreased, then the alimony may be terminated
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