Swain v. Swain

In Swain v. Swain, 179 N.C. App. 795, 799, 635 S.E.2d 504, 507 (2006), disc. review denied, 361 N.C. 437, 649 S.E.2d 897 (2007), the Court stated that "the alimony awarded in the present case would not deplete the plaintiff's estate for almost 12 years based on his current financial situation, and could last substantially longer if plaintiff's income increases in accordance with the earning potential he has demonstrated. Thus, the award does not leave the plaintiff impoverished." Swain, 179 N.C. App. at 799, 635 S.E.2d at 507. The Court further held that "because the award requires both parties to deplete their estates to meet their living expenses, the trial court's reduction of alimony was fair to both parties, and the trial court did not abuse its discretion." Id.