Historically, the husband was considered to be the breadwinner of the household. Even when women began working outside the home, husbands typically earned more money. Since alimony is largely based on the income and earning capacity of spouses, the most common arrangement was for men to pay support to their ex-wives. Not only was this typical of the time, but some states also had alimony laws that only applied to men.
This outdated concept has long been discarded in legal systems across the country, and alimony laws like this do not exist anymore because a key case in this issue was heard in the United States Supreme Court in 1979: Orr v. Orr. In Orr, the Supreme Court ruled that equal protection does not allow states to require that only husbands must pay alimony.
Equal Protection and Alimony Obligations
Lillian Orr and William Orr divorced in Alabama in 1974, and William was ordered to make monthly alimony payments of $1,240. In 1976, Lillian sued her husband for failure to make his alimony payments. In Alabama at the time, wives were not required to pay alimony, only husbands. William challenged the state’s law as being unconstitutional, but the Alabama circuit court ruled against him. He appealed numerous times, and the case was eventually heard in the U.S. Supreme Court. The Supreme Court ruled that Alabama’s law that required only husbands to adhere to alimony obligations was unconstitutional due to violating the equal protection clause of the Fourteenth Amendment.
Supreme Court’s Ruling
The Fourteenth Amendment prohibits states from denying any person equal protection of the laws, which means states must govern and enact laws that are impartial. Drawing distinctions that are irrelevant to the governmental objective violates the equal protection clause. Because Alabama’s alimony law relied on gender-based classification, which was irrelevant to the issue of alimony payments, the U.S. Supreme Court ruled that it violated the Fourteenth Amendment.
What Factors are Relevant in Alimony Considerations?
North Carolina courts have discretion to determine the amount, duration, and manner of alimony payments, but their rulings must adhere to federal law regarding equal protection. State law includes the following factors that courts should consider:
- Marital misconduct
- Earnings and earning capacities of both spouses
- Health and conditions of each spouse
- Earned and unearned income
- Duration of the marriage
- Standard of living established during the marriage
- Assets and liabilities of each spouse
- Contributions by either spouse as a homemaker
- Relative needs of the spouses
Courts should consider all relevant factors regarding the economic circumstances of both spouses when determining alimony obligations.
Husbands and wives may be ordered to make alimony payments as part of separations or divorces in North Carolina. These determinations are not based on the sex or gender of the spouse, only on factors like income, standard of living, and contributions to the marriage. Consult with an experienced family law attorney for answers to your alimony questions.