Alimony in North Carolina

When one spouse earns a higher amount than another spouse, the lesser-earning spouse may be able to recover alimony in the divorce. Alimony is generally paid by the higher earner to the lesser-earner to give the lesser-earner a chance to regain their financial footing after a divorce.

There are two main types of spousal support available according to North Carolina family law:

• Alimony: Awarded as part of a final divorce or legal separation.
• Post-separation support: “Temporary alimony” awarded during divorce proceedings.

How is alimony/post-separation support determined?

There is no specific formula for determining alimony or post-separation support. However, courts will consider several factors when determining alimony, including:

• Potential income earned by each spouse
• Age and health of each spouse
• Length of the marriage
• Standard of living established
• Marital misconduct
• Retirement benefits, investments, and other sources of income
• Household contributions of lesser earner
• Difference in spousal assets and debts
• Contributions of one spouse to the other spouse’s education

Can alimony be modified?

Once alimony is decided, either spouse can file for a modification or termination of alimony if they can establish a substantial change in circumstances. Modification of alimony may be necessary in situations involving:

• Loss of a job
• An increase or decrease in income
• Loss of ability to work due to health condition
• Increase or decrease in child support (which impacts ability to pay alimony)

Termination of alimony may be necessary in situations involving:

• Payee spouse remarries or cohabitates with new partner
• Payee and payer spouse resume their marriage
• Death

Spousal support can give spouses who did not earn as much income as their spouse during the marriage the support they need to live on their own after the divorce. This support can help ensure that the lesser-earning spouse maintains the lifestyle they became accustomed to during the marriage.