Alimony Attorney - Asheville, NC

Alimony

Alimony is payment for the support and maintenance of a spouse, either in a lump sum or on a continuing basis. It is a general rule that the ‘dependent spouse’ is paid by the ‘supporting spouse’ based on economic needs.  The amount can be determined in litigation, or it can be settled in the form of a separation agreement. There are many factors used to determine alimony:

1. Marital misconduct of either spouse;
2. Relative earnings and earning capacities of each spouse;
3. Ages and physical, mental, and emotional condition of each spouse;
4. Amount and sources of earned and unearned income of both spouses, which includes earnings, dividends, medical benefits, retirement benefits, insurance, and social security benefits;
5. Duration of the marriage;
6. Contribution by one spouse to education, training, or increased earning power of the other;
7. Extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodial parent of a minor child;
8. Standard of living established during the marriage;
9. Relative education of each spouse and the time necessary to acquire sufficient education or special training to enable the spouse seeking alimony to find employment or income to meet his or her reasonable economic needs;
10. Relative assets and liabilities of each spouse and relative debt of each, including legal obligations of support;
11. Property brought into the marriage by either spouse;
12. Contribution of a spouse as a homemaker;
13. Relative needs of each spouse;
14. Federal, State, and local tax ramifications of the alimony award;
15. Any other factors relating to the economic circumstances of either of the parties that the court finds to be just and proper.

Alimony is typically long term if paid on a continual basis, whereas post separation support is temporary.