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How do courts determine alimony’s duration?

On Behalf of | Feb 23, 2024 | Family Law |

Having a support system can be vital when going through a divorce, especially when it involves high-stress disputes that take a significant toll on the family. Fortunately, the law has provisions putting systems in place to provide financial support where needed, such as alimony or spousal support. This component is not always necessary, but it can help address uncertainties if the household has a sole income earner.

This scenario can be common in North Carolina, making alimony essential when the dependent spouse refused employment and career opportunities for the family’s sake during the marriage. Alimony could be temporary or permanent depending on the situation, often hinging on the case details. The court uses other considerations when determining the alimony’s duration, including the following:

  • Earning capacity of each party
  • Length of marriage
  • Employability of the dependent spouse
  • The couple’s lifestyle during the marriage
  • Assets and liabilities of each party
  • Each party’s physical, mental and emotional welfare

The court may also consider misconduct committed by either party during the marriage. Additionally, some circumstances can end alimony automatically. These scenarios include remarriage or death of either party after the divorce. Sometimes, the alimony details can go through changes if necessary.

Courts rely on facts when creating alimony arrangements

The most appropriate setup can vary from case to case because each family has unique circumstances and needs. By adjusting the arrangement based on case details, the court can cover the entire family’s financial necessities, considering their life before and after the divorce.

There is no guarantee that alimony and other forms of support can solve all divorce-related issues. However, these setups can help families transition into post-divorce life and afford basic needs, regardless of complications involving their households.