North Carolina Divorce Lawyers Blog

Articles Posted in Alimony

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North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is yes.

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ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to modify the alimony arrangement, but the court denied the motion, citing unchanged financial circumstances. In 2018, the Defendant, who was working as a transportation driver for Richard Petty Racing, filed another motion to modify alimony, claiming a reduced income and increased expenses due to rising rent, housing, and vehicle costs. Plaintiff initiated a show cause order against the Defendant for not fully paying alimony from January 2019. In January 2020, a memorandum of judgment led to a reduction of the Defendant’s monthly alimony obligation by $100. However, by mid-2020, the Defendant once again failed to fully pay alimony, prompting another show cause order. In December 2020, the Defendant filed another motion to modify alimony, stating he was furloughed and later terminated, incurring unforeseen expenses and borrowing against his retirement account. At a hearing in March 2022, Defendant testified about his employment history, reduced income, and efforts to secure new jobs. In June 2022, the court issued an Alimony Order, finding a substantial change in circumstances and reducing the Defendant’s monthly alimony obligation to $600. A Contempt Order was also issued, stating the Defendant’s arrearage and ordering him to pay $100 per month until the debt was cleared. Both parties appealed these orders.

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Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Continue reading →

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In a significant move that has been years in the making, Florida Governor Ron DeSantis recently signed a measure that will bring about significant changes to the state’s alimony laws. The newly approved measure, known as SB 1416, eliminates permanent alimony and introduces a formula-based approach to determine alimony amounts based on the length of the marriage.

The elimination of permanent alimony has been a contentious issue that sparked emotional clashes and tearful testimonies from both sides. Proponents of the reform, such as the organization Florida Family Fairness, applaud the move, asserting that it provides a clearer framework and safeguards the right to retire for existing alimony payers. They argue that ending permanent alimony is a step forward for Florida families. Continue reading →

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Divorce is often an emotionally and financially draining experience. For spouses who spent all or part of their marriage economically dependent on their wife or husband, the monetary toll is unlikely to end after the divorce is finalized. Alimony is intended to lessen this financial impact and allow each spouse to maintain a standard of living similar to what they experienced during their marriage.

But how do courts decide when alimony should be awarded, and what are the factors that influence the amount and duration of support? Continue reading →

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WATSON V. WATSON, 2023-NCCOA-______ (2023) 

  1. Facts: Husband and Wife married in 2004. They separated, and in 2020 Wife filed a complaint for alimony and other relief. In 2021, the trial court granted a summary judgment, denying alimony. Husband argued that Wife’s illicit sexual behavior barred her claim to alimony. At the summary judgment hearing, Husband produced affidavits from Wife’s paramours each accounting for affairs Wife had while married. Wife admitted to one of the affairs as well. Wife complained that Husband was also adulterous and engaged in affairs during the marriage. Trial court granted Husband’s summary judgment motion. Wife moved under Rule 60 but was also denied.  

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Ivana Moral and her ex-husband were married for 25 years.  Recently, a Spanish judge ordered Moral’s ex-husband to pay her $215,000.00 as compensation for 25 years of housework handled by Moral throughout the couple’s marriage.   

 

Moral won the judgment after arguing before the Spanish judge that she had been burdened with chores and raising the couple’s two daughters while her husband built a successful gym business.  Moral argued she was exclusively dedicated to the home and family while her husband continued to build his career, accumulating and increasing his assets.  Moral also argued that the 25 years of marriage left her feeling “economically threatened, worthless, and dependent.”   

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Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. Continue reading →

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Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →

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Suozzo v. Suozzo, 2022-NCCOA-620.

Facts: Plaintiff wife and Defendant husband entered into a separation agreement wherein Defendant was to pay Plaintiff $200,000 in monthly installments over 240 months. This arrangement began in March 2006 and would terminate in March of 2026. For the first 18-36 months, Defendant made the monthly payment. Sometime in 2008, Defendant stopped making those payments. Plaintiff chose to file a breach of contract claim against Defendant but not until 2019, more than ten years since Defendant stopped paying. The trial court awarded Plaintiff $100,789 in damages, calculated by granting only the missed payments due within three years of the commencement of Plaintiff’s action—as any unpaid installments due prior to February 2016 were barred by the statute of limitations—and the payments that became due while the action was pending through judgment. Defendant appealed. Continue reading →