Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
North Carolina law does not have a formula for setting alimony. The judge decides how much alimony is appropriate after analyzing many factors. If support is awarded, the court also determines whether the support will be temporary or ongoing.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
North Carolina doesn't provide a formula for calculating postseparation support or alimony. Instead, judges use their best judgment after considering the circumstances in each particular case. But the specific considerations that will go into their decisions are different for postseparation support and alimony.
The calculator uses the guideline method to estimate spousal support. This method employs a standard formula: (33.3% of the payer's monthly net income) – (25% of the receiver's monthly net income) = monthly spousal maintenance amount. The calculated payments cannot exceed 40% of the combined net income of both parties.
The duration of the marriage, mental and emotional state of the spouse and issues of marital misconduct (such as infidelity) are among other elements considered in the awarding of alimony. There is no precise formula for determining how much alimony a spouse will be awarded in a divorce case.