Alimony in North Carolina
FAQ

These are the most common questions we get regarding Alimony in North Carolina.

Knowing that there can be a large number of questions on how one can get alimony upon filing for divorce, we pieced up a short alimony FAQ section. We recommend reading through the Alimony in NC - FAQ, which might help you get some answers and a somewhat clearer picture on what the basic alimony principles in North Carolina are how they might effect you.
  • Is NC an alimony state?

    Spousal support, commonly known as alimony, stands for payments that one spouse makes to another after filing for divorce. Alimony can be paid at once or on an ongoing basis. In North Carolina, aside from the regular alimony, the court can award the dependent spouse with post-separation support. However, post-separation support ends when alimony is either granted or denied.

  • What is post-separation support?

    If a couple files for divorce in North Carolina, there is an obligatory separation of one year. During this separation period, the dependent spouse can seek for post-separation support claiming that they have insufficient funds to meet their reasonable needs. Therefore, the court will determine whether that is the case and whether the supporting spouse has the necessary means to make these payments. 

  • Can my spouse get out of paying alimony by quitting his job?

    Essentially, the court is the one that determines the exact sum that the supporting spouse will be paying to the dependent spouse. This decision is made based on the supporting spouse’s earnings during the trial. Therefore, there have been cases where the supporting spouse tried to reduce the earnings in order to get out of paying alimony. However, if there is proof that they have been trying to avoid their financial responsibilities intentionally, the court might look past the earnings.

  • How long does the marriage need to be to get alimony?

    In North Carolina, we don’t have precise rules about the minimum length of the marriage for the alimony award. But, couples whose marriage lasted for 10 years or less usually don’t receive alimony for more than half of the length of their marriage.


  • What tax ramifications are there with alimony?

    Alimony rules when it comes to tax ramifications are as follows:


    When it comes to the supporting spouse, alimony is tax deductible. On the other hand, as far as the dependent spouse is concerned, alimony is taxable.


  • What is alimony?

    We can define alimony as a legal obligation one spouse has to provide to the other spouse after a divorce. The court will take into consideration the financial earnings and needs of both spouses in order to determine whether there is a need for post-separation support. Once the divorce process has been initiated, the Court will determine the amount and duration of post-separation support. Upon the finalization of the divorce, the court may award alimony.


    Learn More about Alimony Basics >>


  • Who determines the alimony, a judge or a jury?

    Only a judge can determine alimony; there is no jury that’s entitled to do so. Spouses have the right to request a jury trial in order to determine marital misconduct issues. However, that is all a jury will decide. The one to decide how much, if any, alimony is awarded, is the judge.

  • What is the alienation of affection in NC?

    There are a few states that accept the alienation of affection lawsuits and North Carolina is one of them. Essentially, a spouse can sue a third party for interfering in the marriage, thus depriving them of the love and affection of their spouse.

  • Is the alimony award modifiable?

    The court has the right to change the alimony award, provided there have been changes of circumstances of either party. That way, once we file for alimony, the court needs to have enough facts on the record to show the current state of circumstances. Hence, these facts will be necessary to compare the existing state to the previous one. However, courts in North Carolina can’t change alimony awards determined by another state. 

    Learn more about Alimony Rewards >>

Want to learn more? Learn how alimony works in North Carolina.

Learn Alimony Basics

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If you have pressing questions regarding alimony and are ready to get this issue sorted out, please do not hesitate to schedule a consultation with us right away. We can help you grasp the specific details of your case, providing the best solution on your behalf. 
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