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?

Related Topics:
1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.