Durham, NC asked in Divorce for North Carolina

Q: For NC, at what point in time is the supporting spouse's income used to calculate alimony?

For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?

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1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Greensboro, NC
  • Licensed in North Carolina

A: There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award. The law would partially support both of those arguments so there isn't a clear cut definite answer.

Each county follows the same alimony laws, although different judges have their own comfort levels with big alimony awards.

However, the most likely outcome is that it would be settled by agreement long before it went in front a judge, and both sides would have to make compromises to get it settled.

David Allan King agrees with this answer

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