{"data":{"id":"us-nc/n.c.-gen.-stat.-50-16.3a","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 50-16.3A","heading":"Alimony.","body":"(a)\tEntitlement. - In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors, including those set out in subsection (b) of this section. If the court finds that the dependent spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, the court shall not award alimony. If the court finds that the supporting spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse. If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all of the circumstances. Any act of illicit sexual behavior by either party that has been condoned by the other party shall not be considered by the court.\nThe claim for alimony may be heard on the merits prior to the entry of a judgment for equitable distribution, and if awarded, the issues of amount and of whether a spouse is a dependent or supporting spouse may be reviewed by the court after the conclusion of the equitable distribution claim.\n(b)\tAmount and Duration. - The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term. In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including:\n(1)\tThe marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation;\n(2)\tThe relative earnings and earning capacities of the spouses;\n(3)\tThe ages and the physical, mental, and emotional conditions of the spouses;\n(4)\tThe amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;\n(5)\tThe duration of the marriage;\n(6)\tThe contribution by one spouse to the education, training, or increased earning power of the other spouse;\n(7)\tThe extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;\n(8)\tThe standard of living of the spouses established during the marriage;\n(9)\tThe relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;\n(10)\tThe relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;\n(11)\tThe property brought to the marriage by either spouse;\n(12)\tThe contribution of a spouse as homemaker;\n(13)\tThe relative needs of the spouses;\n(14)\tThe federal, State, and local tax ramifications of the alimony award;\n(15)\tAny other factor relating to the economic circumstances of the parties that the court finds to be just and proper.\n(16)\tThe fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property.\n(c)\tFindings of Fact. - The court shall set forth the reasons for its award or denial of alimony and, if making an award, the reasons for its amount, duration, and manner of payment. Except where there is a motion before the court for summary judgment, judgment on the pleadings, or other motion for which the Rules of Civil Procedure do not require special findings of fact, the court shall make a specific finding of fact on each of the factors in subsection (b) of this section if evidence is offered on that factor.\n(d)\tIn the claim for alimony, either spouse may request a jury trial on the issue of marital misconduct as defined in G.S. 50-16.1A. If a jury trial is requested, the jury will decide whether either spouse or both have established marital misconduct. (1995, c. 319, s. 2; c. 509, s. 135.2(b); 1998-176, s. 11.)","path":["Chapter 50. Divorce and Alimony.","Article 1. Divorce, Alimony, and Child Support, Generally."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-16.3A.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:04:22Z","sha256":"1656fa21c13fed52feb6ef504e4ff76a0943f5aede943bb9baa9e25527ec3b7f","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-50-16.3","next":"us-nc/n.c.-gen.-stat.-50-16.4"},"notice":"GroundRules: Original legal text. Not legal advice."}