Can a Judge Deny Support Based on Lifestyle Choices?

Alimony is not automatic in North Carolina. A judge may consider marital misconduct, spending habits, employment decisions and other conduct when deciding whether to award support, how much should be paid and whether an existing order should change.

Keep reading to learn how lifestyle choices may affect your alimony case and how a divorce lawyer at Epperson Law Group, PLLC, could help.

When do courts award (or deny) alimony?

In North Carolina, when one spouse is financially dependent on the other, they can seek alimony during a divorce. If spouses cannot agree on payments during divorce settlement negotiations, they will have to ask a judge to decide. Judges have the right to determine whether to order alimony, as well as the amount, duration, and method of payment.

When deciding if alimony is warranted and the amount that should be paid, judges consider several factors, including but not limited to:

• The age and physical, mental, and emotional condition of each spouse
• Each spouse’s earning capacity
• The duration of the marriage
• The standard of living established during the marriage
• Each spouse’s contribution to the other’s education, vocational training, career, or earning power
• How each parent’s earning power or financial obligations are affected by having custody of a child
• The contribution of a spouse as a homemaker
• The relative needs of each spouse

According to N.C. Gen. Stat. § 50-16.3A(opens in new tab), judges can also consider “any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.” This means that judges have a certain amount of discretion, which can include evaluating each spouse’s personal choices when it comes to how they spend and/or save money.

Lifestyle choices that could affect alimony

There are several lifestyle choices that could influence alimony payments in North Carolina. Some common issues that could lead to denied, reduced, or discontinued payments include:

Infidelity or marital misconduct

North Carolina’s alimony statute clearly states that “illicit sexual behavior” (including committing adultery) can determine whether alimony is awarded or denied. However, this behavior generally must have occurred during the marriage and before or on the date of separation, although post-separation conduct may corroborate earlier misconduct.

Conduct that the other spouse condoned is not considered. If only the supporting spouse engaged in illicit sexual behavior, alimony must be awarded; if only the dependent spouse engaged in illicit sexual behavior, it must be denied. If both did, the court has discretion.

Judges can also consider other forms of ‘marital misconduct’ when determining the amount, duration, and manner of alimony. Misconduct may include certain cruel or abusive treatment, abandonment, or excessive alcohol or drug use that makes the other spouse’s condition intolerable and life burdensome.

Cohabitation or remarriage

N.C. Gen. Stat. § 50-16.9(opens in new tab) states that alimony terminates if the dependent spouse remarries or engages in statutory cohabitation. Cohabitation generally requires living together continuously and habitually in a private relationship involving the mutual assumption of marital rights, duties and obligations.

Intentional unemployment

A supporting spouse can file a motion to modify alimony based on changed circumstances if the other spouse is purposefully remaining unemployed or underemployed in bad faith to receive higher payments. A court may impute income if it finds that the dependent spouse depressed their income in bad faith.

Excessive or frivolous spending

Reckless spending during the marriage and before or on the date of separation is considered marital misconduct in North Carolina and may affect an alimony award.

Typically, the idea behind spousal support is to help keep the dependent spouse from facing financial hardships. To a certain extent, this can mean helping them maintain the life they have grown accustomed to. However, it does not automatically mean a supporting spouse must fund spending beyond the marital standard of living or the dependent spouse’s reasonable needs.

What happens if there is an issue with lifestyle choices?

When lifestyle-related conduct creates changed circumstances, a party may ask the court to modify or terminate an alimony order. A judge may reduce or terminate payments when the legal requirements are met. In cases involving voluntary unemployment or underemployment, a judge may impute income if the court finds bad faith.

How to protect your alimony payments

If you receive (or are seeking) alimony, one of the best ways you can protect your payments is to be financially responsible and consistent — before, during, and after your divorce proceedings. However, spending choices alone do not automatically justify modifying an existing order; changed circumstances must be shown.

It is also a good idea to keep financial records. If questioned, they can help you prove that you have made necessary payments on time and kept up with important policies, like health and auto insurance. If you have to make any large purchases, save any proof as to why. For example, if your car breaks down and you have to buy a new one, get a statement from a reputable mechanic showing that fixing your old vehicle would not be cost-effective.

Do you need a divorce lawyer?

If you or your spouse files for divorce, you should consult with an attorney, even if things are amicable and you believe you can agree to a divorce settlement without a trial. There is simply too much at stake for you not to get professional legal advice. You should also consult a lawyer if you need to request a modification to your alimony or other terms of your divorce. This is true whether you are the supporting or dependent spouse.

An attorney can help you build and present your alimony case. They can also help with other divorce-related issues, such as property division and child custody. Additionally, a lawyer can help you make smart financial decisions so that you do not negatively affect your case with poor lifestyle choices.

Call Epperson Law Group, PLLC, for help today

The terms of your divorce agreement, including alimony payments, can significantly affect your day-to-day life and your future. One way you can protect yourself is by working with a divorce lawyer who will fight for you.

At Epperson Law Group, PLLC, we have over 70 years of combined legal experience that we can use to support you throughout your divorce case. We have offices in five convenient locations across North Carolina. Contact us today to learn more about our services.