Factors North Carolina Courts Consider When Awarding Alimony

North Carolina General Statutes outline several factors that courts should consider when determining if alimony is appropriate in a divorce case and how much support should be awarded. Income, length of the marriage, the health of the spouses, the expenses of the dependent spouse, and various other elements are used to determine alimony.

Pugh v. Pugh

In the case of Pugh v. Pugh, Husband appealed three orders entered in April 2021, one of which was an alimony order that awarded Wife $10,000 per month in spousal support.

Case Background

The parties got married in 1983 and separated in November 2018. Both Husband and Wife are doctors, and prior to separation they discussed the need for Wife to retire due to her declining health. Wife retired in December 2017, at which point Husband began an affair with a nurse he worked with. In June 2018, after finding out about Husband’s extra-marital affair, Wife returned to practicing medicine. She felt she would be left without an income or the means to sustain herself financially.

Husband filed for divorce in November 2019, and Wife subsequently filed for post-separation support, alimony, attorney’s fees, and equitable distribution. In Wife’s pleadings, she alleged that Husband had been engaged in illicit sexual behavior during the marriage and that he had been having an affair prior to separation.

The trial court determined that Wife is a dependent spouse and is in need of maintenance and support and that Husband is a supporting spouse. The court awarded $10,000 per month in alimony to Wife. Husband appealed.

Husband’s Appeal

In his appeal, Husband argued that Wife is not a dependent spouse and that the trial court failed to take all statutory factors into consideration in their findings. The Court of Appeals noted that North Carolina General Statute § 50-16.3A states that when a supporting spouse participated in an act of illicit sexual behavior during the marriage, then the court shall order alimony to be paid to the dependent spouse.

The trial court in this case made extensive findings of fact regarding Husband’s affair, including that he had engaged in illicit sexual behavior. It also included findings regarding the statutory factors, including:

• Ages and health of the spouses
• Both spouses’ earning capacities
• Sources of earned and unearned income
• Income disparity between the spouses
• Duration of the marriage
• Standard of living established during the marriage
• The needs of both spouses

Several other factors were also considered and included in the trial court’s findings, including Wife’s upcoming retirement.

Husband also argued in his appeal that the trial court did not provide specific findings regarding which of Wife’s expenses were included in the court’s calculation of alimony. It would be impossible, he stated, to determine if the award is appropriate because of the missing details. However, the appellate court disagreed, stating that detailed calculations are sometimes included in alimony orders, but they are not required if the findings of fact sufficiently detail the reasoning.

The Court of Appeals affirmed the trial court’s rulings on all matters, including the alimony order.