Is alimony based on need or fault?

In North Carolina, alimony is based on need. An alimony award in North Carolina is designed to provide support to a spouse who has been economically disadvantaged by the separation or divorce. A court may consider the parties’ marital conduct in making an alimony determination, and if the court finds that a spouse is at fault for causing the breakdown of the marriage, such conduct may be considered as a factor in evaluating the alimony amount. However, the primary consideration is whether one spouse needs alimony, and if so, the amount of alimony that is necessary. The court must consider many factors, including the parties’ respective incomes and expenses, their standard of living before the separation, and the length of the marriage. Other factors may include the age, physical and mental condition of each party, their employment history and earning capacity, and income tax consequences. In making its decision, the court will consider the needs of both parties and attempt to balance those needs. The court will also consider the ability of the obligor (the spouse paying the alimony) to pay the alimony. Alimony will only be awarded if the court finds that one spouse has the need, and the other spouse has the ability to pay. Therefore, the primary factor in determining alimony in North Carolina is need, not fault.

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Is alimony based on need or fault?

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