Alimony in North Carolina

Alimony, also known as spousal support, is a financial obligation that one spouse may be required to pay to the other following a separation or divorce. Its purpose is to help the dependent spouse maintain a standard of living similar to that established during the marriage. Alimony can be agreed upon by the parties or ordered by the court.

North Carolina recognizes two main types of spousal support:
Post-Separation Support (PSS): Temporary support awarded after separation but before the divorce is finalized.
Alimony: Support awarded after the divorce, which may be for a specified duration or, in rare cases, indefinitely.

To receive alimony, one spouse must be considered "dependent"—meaning they rely on the other for financial support—and the other must be "supporting," meaning they are capable of providing that support. Courts consider the needs of the dependent spouse and the ability of the supporting spouse to pay.

The court considers several factors, such as length of the marriage, standard of living, age and health, income, contributions to the marriage, and marital misconduct. There is no fixed formula, so outcomes are based on each case's unique facts.

Yes. If the dependent spouse engaged in misconduct like adultery, they may be barred from receiving alimony. If the supporting spouse committed misconduct, the court may be required to award alimony.

No. Alimony is only awarded when one spouse is financially dependent on the other and the court determines that support is appropriate.

Yes. A modification can be requested if there is a substantial change in circumstances, such as income changes or health issues.

Alimony typically ends upon the death of either party, the remarriage of the dependent spouse, or cohabitation in a romantic relationship by the dependent spouse.

If a spouse stops paying court-ordered alimony, the recipient may file a motion for contempt. The court may take action such as wage garnishment to enforce the order.