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What factors will the judge consider in deciding the amount and duration of alimony?

The North Carolina statute addressing alimony requires the court to consider these factors:

  • the marital misconduct of either of the spouses;
  • the relative earnings and earning capacities of the spouses;
  • the ages and the physical, mental, and emotional conditions of the spouses;
  • the amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;
  • the duration of the marriage;
  • the contribution by one spouse to the education, training, or increased earning power of the other spouse;
  • 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;
  • the standard of living of the spouses established during the marriage;
  • 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;
  • the relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
  • the property brought to the marriage by either spouse;
  • the contribution of a spouse as homemaker;
  • the relative needs of the spouses;
  • the federal, State, and local tax ramifications of the alimony award; and
  • any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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