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NORTH CAROLINA STATUTES AND CODES

§ 50-16.3A. Alimony.

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§ 50‑16.3A.  Alimony.(a)        Entitlement. – Inan action brought pursuant to Chapter 50 of the General Statutes, either partymay move for alimony. The court shall award alimony to the dependent spouseupon a finding that one spouse is a dependent spouse, that the other spouse isa supporting spouse, and that an award of alimony is equitable afterconsidering all relevant factors, including those set out in subsection (b) ofthis section. If the court finds that the dependent spouse participated in anact of illicit sexual behavior, as defined in G.S. 50‑16.1A(3)a., duringthe marriage and prior to or on the date of separation, the court shall notaward alimony. If the court finds that the supporting spouse participated in anact of illicit sexual behavior, as defined in G.S. 50‑16.1A(3)a., duringthe marriage and prior to or on the date of separation, then the court shallorder that alimony be paid to a dependent spouse. If the court finds that thedependent and the supporting spouse each participated in an act of illicitsexual behavior during the marriage and prior to or on the date of separation,then alimony shall be denied or awarded in the discretion of the court afterconsideration of all of the circumstances. Any act of illicit sexual behaviorby either party that has been condoned by the other party shall not beconsidered by the court.The claim for alimony may beheard on the merits prior to the entry of a judgment for equitabledistribution, and if awarded, the issues of amount and of whether a spouse is adependent or supporting spouse may be reviewed by the court after theconclusion of the equitable distribution claim.(b)        Amount andDuration. – The court shall exercise its discretion in determining the amount,duration, and manner of payment of alimony. The duration of the award may befor a specified or for an indefinite term. In determining the amount, duration,and manner of payment of alimony, the court shall consider all relevantfactors, including:(1)        The maritalmisconduct of either of the spouses. Nothing herein shall prevent a court fromconsidering incidents of post date‑of‑separation marital misconductas corroborating evidence supporting other evidence that marital misconductoccurred during the marriage and prior to date of separation;(2)        The relativeearnings and earning capacities of the spouses;(3)        The ages and thephysical, mental, and emotional conditions of the spouses;(4)        The amount andsources of earned and unearned income of both spouses, including, but notlimited to, earnings, dividends, and benefits such as medical, retirement,insurance, social security, or others;(5)        The duration of themarriage;(6)        The contribution byone spouse to the education, training, or increased earning power of the otherspouse;(7)        The extent to whichthe earning power, expenses, or financial obligations of a spouse will beaffected by reason of serving as the custodian of a minor child;(8)        The standard ofliving of the spouses established during the marriage;(9)        The relativeeducation of the spouses and the time necessary to acquire sufficient educationor training to enable the spouse seeking alimony to find employment to meet hisor her reasonable economic needs;(10)      The relative assetsand liabilities of the spouses and the relative debt service requirements ofthe spouses, including legal obligations of support;(11)      The property broughtto the marriage by either spouse;(12)      The contribution of aspouse as homemaker;(13)      The relative needs ofthe spouses;(14)      The federal, State,and local tax ramifications of the alimony award;(15)      Any other factorrelating to the economic circumstances of the parties that the court finds tobe just and proper.(16)      The fact that incomereceived by either party was previously considered by the court in determiningthe value of a marital or divisible asset in an equitable distribution of theparties' marital or divisible property.(c)        Findings of Fact. –The court shall set forth the reasons for its award or denial of alimony and,if making an award, the reasons for its amount, duration, and manner ofpayment. Except where there is a motion before the court for summary judgment,judgment on the pleadings, or other motion for which the Rules of CivilProcedure do not require special findings of fact, the court shall make aspecific finding of fact on each of the factors in subsection (b) of thissection if evidence is offered on that factor.(d)        In the claim foralimony, either spouse may request a jury trial on the issue of maritalmisconduct as defined in G.S. 50‑16.1A. If a jury trial is requested, thejury will decide whether either spouse or both have established maritalmisconduct. (1995,c. 319, s. 2; c. 509, s. 135.2(b); 1998‑176, s. 11.)
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  • § 50‑16.3A.  Alimony.

    (a)        Entitlement. – Inan action brought pursuant to Chapter 50 of the General Statutes, either partymay move for alimony. The court shall award alimony to the dependent spouseupon a finding that one spouse is a dependent spouse, that the other spouse isa supporting spouse, and that an award of alimony is equitable afterconsidering all relevant factors, including those set out in subsection (b) ofthis section. If the court finds that the dependent spouse participated in anact of illicit sexual behavior, as defined in G.S. 50‑16.1A(3)a., duringthe marriage and prior to or on the date of separation, the court shall notaward alimony. If the court finds that the supporting spouse participated in anact of illicit sexual behavior, as defined in G.S. 50‑16.1A(3)a., duringthe marriage and prior to or on the date of separation, then the court shallorder that alimony be paid to a dependent spouse. If the court finds that thedependent and the supporting spouse each participated in an act of illicitsexual behavior during the marriage and prior to or on the date of separation,then alimony shall be denied or awarded in the discretion of the court afterconsideration of all of the circumstances. Any act of illicit sexual behaviorby either party that has been condoned by the other party shall not beconsidered by the court.

    The claim for alimony may beheard on the merits prior to the entry of a judgment for equitabledistribution, and if awarded, the issues of amount and of whether a spouse is adependent or supporting spouse may be reviewed by the court after theconclusion of the equitable distribution claim.

    (b)        Amount andDuration. – The court shall exercise its discretion in determining the amount,duration, and manner of payment of alimony. The duration of the award may befor a specified or for an indefinite term. In determining the amount, duration,and manner of payment of alimony, the court shall consider all relevantfactors, including:

    (1)        The maritalmisconduct of either of the spouses. Nothing herein shall prevent a court fromconsidering incidents of post date‑of‑separation marital misconductas corroborating evidence supporting other evidence that marital misconductoccurred during the marriage and prior to date of separation;

    (2)        The relativeearnings and earning capacities of the spouses;

    (3)        The ages and thephysical, mental, and emotional conditions of the spouses;

    (4)        The amount andsources of earned and unearned income of both spouses, including, but notlimited to, earnings, dividends, and benefits such as medical, retirement,insurance, social security, or others;

    (5)        The duration of themarriage;

    (6)        The contribution byone spouse to the education, training, or increased earning power of the otherspouse;

    (7)        The extent to whichthe earning power, expenses, or financial obligations of a spouse will beaffected by reason of serving as the custodian of a minor child;

    (8)        The standard ofliving of the spouses established during the marriage;

    (9)        The relativeeducation of the spouses and the time necessary to acquire sufficient educationor training to enable the spouse seeking alimony to find employment to meet hisor her reasonable economic needs;

    (10)      The relative assetsand liabilities of the spouses and the relative debt service requirements ofthe spouses, including legal obligations of support;

    (11)      The property broughtto the marriage by either spouse;

    (12)      The contribution of aspouse as homemaker;

    (13)      The relative needs ofthe spouses;

    (14)      The federal, State,and local tax ramifications of the alimony award;

    (15)      Any other factorrelating to the economic circumstances of the parties that the court finds tobe just and proper.

    (16)      The fact that incomereceived by either party was previously considered by the court in determiningthe value of a marital or divisible asset in an equitable distribution of theparties' marital or divisible property.

    (c)        Findings of Fact. –The court shall set forth the reasons for its award or denial of alimony and,if making an award, the reasons for its amount, duration, and manner ofpayment. Except where there is a motion before the court for summary judgment,judgment on the pleadings, or other motion for which the Rules of CivilProcedure do not require special findings of fact, the court shall make aspecific finding of fact on each of the factors in subsection (b) of thissection if evidence is offered on that factor.

    (d)        In the claim foralimony, either spouse may request a jury trial on the issue of maritalmisconduct as defined in G.S. 50‑16.1A. If a jury trial is requested, thejury will decide whether either spouse or both have established maritalmisconduct. (1995,c. 319, s. 2; c. 509, s. 135.2(b); 1998‑176, s. 11.)

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