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How will spousal support be determined during my divorce?
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How will spousal support be determined during my divorce?

On Behalf of | Jul 27, 2021 | Divorce |

Spousal support may be requested by one spouse during divorce. Because it can be one of the primary concerns during the divorce process, it is helpful for both divorcing spouses to understand how spousal support is determined.

Factors used to determine spousal support

In North Carolina, a request for spousal support will be based on several different factors including:

  • Any marital misconduct;
  • The earnings and earning capacities of the spouses;
  • The amounts and sources of earned and unearned income of the spouses;
  • The duration of the marriage;
  • The standard of living established during marriage;
  • The relative needs of the spouses;
  • Any contribution of one of the spouses to the education, training or increased earning power of the other spouse;
  • The extent to which a spouse acting as the custodian of a minor child will have their earning power, expenses or financial obligations impacted having custody;
  • Any property brought to the marriage by one of the spouses;
  • The tax implications of any spousal support award; and
  • Any other factors related to the economic circumstances of the spouses that the divorce court finds relevant.

Spousal support can be awarded in different ways including as a lump sum or as periodic payments. The amount and duration of spousal support also needs to be determined. The basis of a spousal support award is based on a variety of different factors and considerations it is helpful for divorcing couples to be familiar with as they enter the divorce process when spousal support has been requested.