The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
Generally, a request for alimony cannot be raised for the first time after a divorce is final. There are two exceptions to this rule. First, the court may not have awarded traditional alimony in the final judgment, but it may have awarded nominal alimony.
Alimony is meant to address the income needs of a spouse who might not have the same earning potential as their ex-partner, even after the assets have been divided, no matter how big the value of the assets is.
North Carolina law does not have a formula for setting alimony. The judge decides how much alimony is appropriate after analyzing many factors. If support is awarded, the court also determines whether the support will be temporary or ongoing.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
The judge will weigh these factors and determine if alimony should be awarded. Often, there is a ten-year benchmark. If a couple has been married ten or more years, then most lawyers understand there will be a conversation about alimony – though this is not a legal standard.
The alimony calculator in North Carolina works by dividing the difference between the spouses' incomes by two. When calculating the amount of alimony, a judge will take your gross income and subtract your reasonable expenses to determine net income.