North Carolina Divorce Laws
North Carolina Divorce Laws regarding Alimony
The Court considers several relevant factors as listed below to finalize the amount, period and mode of payment of alimony.
- Consequences on tax of either partners due to award of alimony
- The relative requirements of the partners
- The input of each partner as a homemaker
- The contribution of either partner in form of property brought to the marriage
- The relative liabilities and assets, the relative debt service requirements inclusive of legal obligations of support of both the partners
- The relative education of both the partners
- The duration essential for the partner requesting alimony to attain enough training or education to seek employment to fulfill the reasonable financial requirements
- The standard of living reached during marital status
- If a partner is playing the role of a custodian of a minor child, the degree to which the financial obligations, expenditure and earning power of this partner is affected by this role
- The input by one partner to the training, education and earning power of the other partner
- The period of marital life
- The sources and amount of unearned and earned income of both partners inclusive of and not limited to dividends, earnings and benefits like social security, insurance, retirement, medical etc
- The emotional, mental and physical states of the partners and their ages
- The relative earning capacity and earning of both partners
- Any marital misconduct by either partner
- Other issues pertaining to the financial conditions of the partners that the Court thinks are proper and just
North Carolina Divorce Laws regarding Property Distribution
The Court takes into account the below mentioned issues while making a decision regarding equitable property distribution.
- The expectation of deferred compensation rights, retirement benefits or pension which is not marital property
- Whether the parent playing the role of custodian of the children feels the requirement to own or occupy the marital house and own or use the household effects
- The mental and physical health of both partners and their relative ages
- The period of marital life
- Presence of any responsibility of support due to any earlier marriage
- The liabilities, property and income of both partners
- During the course of the marriage, has there been any direct input by any partner that resulted in the increase in valuation of separate property
- An indirect or direct assistance by one partner to educate or enhance the career potential of the other partner
- If the divisible and marital property were to be liquidated or sold on the date of valuation, then the effects of tax to either partner
- During the period after the parties got separated and before the moment of distribution of property, whether any partner attempted to convert, devalue, neglect, waste, expand, develop, preserve or maintain the divisible or marital property
- Other factors that are found by the Court to be proper and just
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