Are alimony payments considered part of the marital estate?

In North Carolina, alimony payments are not considered part of the marital estate. The primary purpose of alimony is to provide financial support to a spouse who has suffered economically due to the other spouse’s actions during the marriage. It is meant to provide a form of remedy which attempts to restore the harmed spouse to a condition which resembles the pre-marital status. Alimony payments are made by one ex-spouse to the other, typically in a lump sum or in periodic payments. Alimony payments, unlike other assets of the marital estate, are not subject to division or even modification in the division of the marital assets. Alimony payments are not part of the marital estate because it is intended to provide financial assistance to one of the former spouses in order to lessen the economic hardship which may have occurred due to the dissolution of the marriage. They are considered separate from the marital estate, and are therefore not subject to division. The court can award alimony on a case-by-case basis, taking into consideration the length of the marriage, the age and health of each spouse, the income of each spouse, and various other factors. Alimony payments are often designed to be temporary rather than permanent, although there are cases where alimony can be permanent. Ultimately, the purpose of alimony is to provide financial assistance to one spouse, and are therefore considered separate from the marital estate.

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Are alimony payments considered part of the marital estate?

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