North Carolina Alimony Estimator
Note: North Carolina does not have a fixed mathematical formula. This estimate is based on common judicial guidelines (33% income differential) and the "half-the-length-of-marriage" duration rule often used in NC courts.
Understanding Alimony in North Carolina
In North Carolina, alimony is governed by General Statute ยง 50-16.3A. Unlike child support, which follows strict guidelines, alimony is largely at the discretion of the judge. The court must first determine two things: that one spouse is "actually substantially dependent" upon the other spouse (the Dependent Spouse) and that the other spouse is a "Supporting Spouse."
Key Factors Considered by NC Courts
When determining the amount and duration of alimony, North Carolina judges consider several factors, including:
- Marital Misconduct: This is a unique aspect of NC law. If the dependent spouse committed illicit sexual behavior (adultery) during the marriage and before the date of separation, alimony is generally barred. If the supporting spouse committed it, alimony is mandatory.
- Earnings and Earning Capacity: The relative earnings and capacities of both spouses.
- Ages and Health: The physical, mental, and emotional conditions of the spouses.
- Duration of Marriage: Long-term marriages (usually 20+ years) are more likely to result in permanent or long-duration alimony.
- Standard of Living: The lifestyle established during the marriage.
- Assets and Debts: The relative assets and liabilities of each party.
How This Calculation Works
Because there is no official calculator in NC, legal professionals often use a "rule of thumb" as a starting point for negotiations. This calculator uses the following logic:
- Amount: Takes 33% of the difference between the supporting spouse's gross income and the dependent spouse's gross income.
- Duration: Estimates the length of payments as approximately 50% of the total length of the marriage.
Example Scenario
If a couple was married for 10 years, and Spouse A earns $7,000 per month while Spouse B earns $2,000 per month:
- Income Difference: $5,000
- 33% Estimate: $1,650 per month
- Estimated Duration: 5 years (half of the 10-year marriage)
Disclaimer: This tool is for informational purposes only and does not constitute legal advice. You should consult with a licensed North Carolina family law attorney for your specific case.